Prabhakar vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Prabhakar vs State of U.P. and 3 Others — Allahabad HC (2026) — 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 06.04.2026 (Case Crime No.0274 of 2026, Section 69 B.N.S.) till the next date; notice issued to respondent no.4 returnable within four weeks; matter listed on 06.08.2026.

Issue for consideration

Whether the impugned F.I.R. dated 06.04.2026 (Case Crime No.0274 of 2026, Section 69 B.N.S., P.S. Gulriha, District Gorakhpur) discloses no offence against the petitioner and is liable to be quashed.

Court's answer

As an interim measure, till the next date of listing the petitioner shall not be arrested in pursuance of the impugned F.I.R. dated 06.04.2026 registered as Case Crime No.0274 of 2026 under Section 69 of B.N.S., Police Station Gulriha, District Gorakhpur.

Ratio / Principle

Notice issued to respondent no.4, returnable within four weeks, with steps to be taken within a week.

Key takeaways

Learned AGA directed to file counter affidavit within the notice period; rejoinder affidavit, if any, within one week thereafter; matter listed on 06.08.2026.ratio¶16

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Allahabad (Rajiv Gupta and Dr. Ajay Kumar-II, JJ.) dated May 7, 2026 in Criminal Misc. Writ Petition No. 8849 of 2026, Prabhakar v. State of U.P. and 3 Others. The petitioner, who had been granted bail on 12.11.2025 in an earlier case (case crime no.82 of 2025) lodged by respondent no.4, seeks quashing of a subsequent F.I.R. dated 06.04.2026, registered as Case Crime No.0274 of 2026 under Section 69 of the B.N.S. at Police Station Gulriha, District Gorakhpur, wherein it is alleged that after his release he had physical relations with the victim, who became pregnant, and later refused to marry her. The Court issued notice to respondent no.4 returnable within four weeks, directed the learned AGA to file a counter affidavit within that period and permitted a rejoinder within one week thereafter, fixed 06.08.2026 for listing, and directed that till then the petitioner shall not be arrested in pursuance of the impugned F.I.R.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 8849 of 2026

Prabhakar

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Om Chau	Prakash rasia	Chaurasia,	Sudhanshu
Counsel for Respondent(s)	: G.A.

Court No. - 48

HON'BLE RAJIV GUPTA, J. HON'BLE DR. AJAY KUMAR-II, 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 has been falsely implicated in the present case due to ulterior motive.

Learned counsel for the petitioner has next submitted that the respondent no.4 had earlier lodged an F.I.R. against the petitioner, which was registered vide case crime no.82 of 2025. During the course of investigation in the said case, petitioner was arrested and remanded to judicial custody. In the said offence, the petitioner was granted bail by this Court on 12.11.2025 and was physically released from jail. It is further alleged that again after his release, the petitioner started making physical relations with the victim to the extent that the victim was impregnated. However, subsequently when he had refused to marry her, the impugned F.I.R. has maliciously been lodged though no offence, complained of, is disclosed against the petitioner and the impugned F.I.R. is liable to be quashed.

Matter requires consideration.

Issue notice to respondent no.4 returnable within four weeks.

Steps be taken within a week.

Learned AGA may also file counter affidavit within the said period. Rejoinder affidavit, if any, may be filed within one week thereafter.

CRLP No. 8849 of 2026

2

List on 06.08.2026.

Till then, the petitioner shall not be arrested in pursuance of the impugned F.I.R. dated 06.04.2026 registered as Case Crime No.0274 of 2026, under Section 69 of B.N.S., Police Station Gulriha, District - Gorakhpur.

May 7, 2026 ss

(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad