Allahabad High Court
BABLU SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- TARUN SAXENAMUNIR
Holding
The writ petition seeking quashment of the FIR is dismissed.
Summary
The petitioner, Bablu Singh, filed a criminal miscellaneous writ petition under Article 226 seeking quashment of FIR No. 0015 of 2026 dated 26-04-2026, which alleged rape, assault, and fraudulent withdrawal of Rs.2,500 from the victim's fiancé's bank account. The FIR listed offences under Sections 74, 64(1), 130, 308, 352, 351(3), and 115(2) of the BNS, 2023. The victim’s statement under Section 183 BNSS was placed on record, and the learned Additional Government Advocate presented the case diary. The court held that the petitioner’s arguments amounted to disputed defences, which cannot be entertained in a writ petition under Article 226. Consequently, the petition to quash the FIR was dismissed.
Issues considered
- Whether a writ petition under Article 226 can be entertained to quash an FIR on the basis of disputed defences.
- Whether the court can examine the merits of the FIR and the victim’s statement in a writ proceeding.
Legislation cited
- BNS, 2023 — s. 115(2), 130, 308, 351(3), 352, 64(1), 74
Subjects
- Article 226
- quash FIR
- writ petition
- criminal procedure
- rape
- assault
- money fraud
- disputed defence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10410 of 2026
Bablu Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Varun Kumar Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J.
Heard Mr. Varun Kumar Sirvastava, learned counsel for the
petitioner and Mr. Ghanshyam Kumar, learned AGA-I for the
State.
This writ petition has been filed to quash the FIR dated
26.04.2026 in Case Crime No. 0015 of 2026 under Section 74,
64 (1), 130, 308, 352, 351 (3), 115 (2) of BNS, 2023, Police
Station Khaga, District Fatehpur.
A perusal of the impugned FIR shows that the prosecutrix and
her fiancee had gone to a public place which was away from
the city on the fringes of some forest in order to enjoy some
seclusion. There, two men appeared initially and one of them
captured a video. One of these two summoned a third man over
to the place. The new arrival dragged the prosecutrix into the
bushes whereas one of the others assaulted the prosecutrix's
fiancé. The prosecutrix was ravished. The three of them
managed to transfer a sum of Rs.2,500/- from the prosecutrix's
fiancé’s bank account using his mobile phone. These are
allegations which are required to be thoroughly investigated.
CRLP No. 10410 of 2026
2
The stand of the prosecutrix is clear from her statement under
Section 183 BNSS which we have been taken through by the
learned AGA, who has produced the case diary before us.
In the nature of things, whatever the learned Counsel for the
petitioner very persuasively, argues are all disputed defences
which we cannot examine in the exercise of our jurisdiction
under Article 226 of the Constitution.
The writ petition is dismissed.
May 7, 2026
C. MANI/ Prashant
(Tarun Saxena,J.) (J.J. Munir,J.)
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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