Shashank @ Shashank Bind @ Bholu vs the State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Shashank @ Shashank Bind @ Bholu vs the State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection from arrest: petitioner not to be arrested in pursuance of the impugned F.I.R. dated 26.07.2025 (Case Crime No. 442 of 2025) till the next date, conditional on his cooperation in the ongoing investigation; notice issued to respondent no. 4 with counter affidavit by the A.G.A. and matter listed for 18.11.2025. Petition otherwise pending, not finally decided.

Issue for consideration

Whether the impugned F.I.R. dated 26.07.2025 (Case Crime No. 442 of 2025, P.S. Sarai Khwaja, District Jaunpur) should be quashed on the petitioner's contention that the victim accompanied him of her own free will and consent and, prima facie, no offence is disclosed against him.

Court's answer

Interim direction: till the next date of listing (18.11.2025), the petitioner shall not be arrested in pursuance of the impugned F.I.R. dated 26.07.2025 arising out of Case Crime No. 442 of 2025, under Sections 137(2), 87 B.N.S., 2023, Police Station Sarai Khwaja, District Jaunpur, provided that he cooperates in the ongoing investigation. The quashing question itself was not decided; the court recorded that the matter requires consideration.

Ratio / Principle

Procedural directions: notice issued to respondent no. 4 returnable within four weeks, steps to be taken within a week; learned A.G.A. may file counter affidavit within that period; matter to be listed on 18.11.2025.

Detailed headnote1 paragraphs

Interim order, High Court of Judicature at Allahabad (Rajiv Gupta and Rajiv Lochan Shukla, JJ.), September 17, 2025, in Criminal Misc. Writ Petition No. 21002 of 2025, Shashank @ Shashank Bind @ Bholu v. The State of U.P. and 3 Others. The petitioner, seeking quashing of an F.I.R. dated 26.07.2025 (Case Crime No. 442 of 2025) under Sections 137(2) and 87, B.N.S., 2023, Police Station Sarai Khwaja, District Jaunpur, contended that the victim had accompanied him of her own free will and consent and that, prima facie, no offence was disclosed. The court found the matter to require consideration, issued notice to respondent no. 4 returnable within four weeks (steps within a week), permitted the learned A.G.A. to file a counter affidavit within that period, and listed the matter for 18.11.2025. As interim protection, it directed that till then the petitioner shall not be arrested in pursuance of the impugned F.I.R., provided he cooperates in the ongoing investigation. The quashing question was left open; no precedent was cited or engaged with.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21002 of 2025

Shashank @ Shashank Bind @ Bholu

.....Petitioner(s)

Versus

The State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) Counsel for Respondent(s)	: Vijay Kumar Pandey : G.A.

Court No. - 46

HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

Learned counsel for the petitioner has submitted that petitioner is wholly innocent and he has been falsely implicated in the present case due to ulterior motive. He has next submitted that victim out of her own free-will and consent had gone with petitioner and as such, prima facie , no offence is disclosed against the petitioner and the impugned first information report, therefore, be quashed.

Matter requires consideration.

Issue notice to respondent no.4 returnable within four weeks. Steps be taken within a week.

Learned A.G.A. may also file counter affidavit in the matter within the said period.

List on 18.11.2025.

Till then, the petitioner shall not be arrested in

CRLP No. 21002 of 2025

2

pursuance of the impugned F.I.R. dated 26.07.2025 arising out of Case Crime No.442 of 2025, under Sections 137(2), 87 B.N.S., 2023, Police Station- Sarai Khwaja, District- Jaunpur provided that he cooperates in the ongoing investigation.

September 17, 2025 Sachin

(Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.)

Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad