Disposed¶16

Smt. Khushboo @ Alis and Another v. State of U.P. and 3 Others

Allahabad HC18 Nov 2025CRLP/26421/2025

Case brief

AI extract

What is this about?

Quashing of FIR; BNS Sections 137(2), 87, 352, 351(2); victim's age disputed (above 18); ossification test; Chief Medical Officer Bareilly; statement under Section 183(5) BNSS 2023; interim protection from arrest; Criminal Misc. Writ Petition No. 26421 of 2025; Allahabad High Court; District Bareilly; next listing 23.02.2026.

What did the court decide?

Interim protection from arrest till 23.02.2026; victim's age to be determined by ossification test before the Chief Medical Officer, Bareilly and her statement recorded under Section 183(5) of the BNSS, 2023 on or before 23.02.2026; case to be listed fresh on 23.02.2026. ¶16

Smt. Khushboo @ Alis and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. WRIT PETITION No. - 26421 of 2025

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Smt. Khushboo @ Alis And Another

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.....Petitioner(s)

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Versus

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State Of U.P. And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Imran Ali, Rajesh, Ravi Lal Gupta
Counsel for Respondent(s)	: G.A.

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Court No. - 42

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HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J.

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Heard learned counsel for the parties.

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Present writ petition has been preferred for quashing the First Information Report dated 08.11.2025 registered as Case Crime No.0509 of 2025, under Sections 137(2), 87, 352, 351(2) of the B.N.S, Police Station Collector Bukganj, District Bareilly.

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Contention of the learned counsel for the petitioners is that the victim is above 18 years. However, this has been opposed by the learned AGA and the learned counsel appearing for the first informant.

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Under such circumstances, we provide that the age of the victim be determined by the ossification method before the Chief Medical Officer, Bareilly and also get her statement recorded under Section 183(5) of the BNSS, 2023. The Investigating Officer to facilitate the recording of the statement. He may also help the petitioner No.1 in the undergoing the ossification test. The recording of the statement and the determination of the age be done on or before 23rd of February, 2026.

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List this case as a fresh case on 23.02.2026 before the appropriate Court.

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Till then the petitioners shall not be arrested in the aforementioned case.

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December 4, 2025 vijay krishna

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(Achal Sachdev,J.) (Siddhartha Varma,J.)

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Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad

Smt. Khushboo @ Alis and Another v. State of U.P. and 3 Others

Case brief

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Smt. Khushboo @ Alis and Another v. State of U.P. and 3 Others

Case brief

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