Now that the allegation of offence under Section 313, IPC is omitted, there is absolutely no prima facie case for proceeding further against the appellant on the allegation of commission of offence punishable Page 13 of 14 SLP (Crl.) No. 9371 of 2018under Section 376, IPC. We are of the considered view that the High Court should have exercised its inherent power. 16. For the reasons aforesaid, the impugned order dated 26.07.2018 of the High Court of Judicature at Allahabad in Criminal Miscellaneous Writ Petition No. 16825 of 2018 is set aside. FIR No. 28/2018 dated 21.02.2018 registered at Police Station – Nandganj, Ghazipur District of Uttar Pradesh and all further proceedings on its basis are quashed. The appeal is accordingly allowed. ……………………, J. (C.T. Ravikumar) ……………………, J. (Rajesh Bindal) New Delhi; October 16, 2024 Page 14 of 14 SLP (Crl.) No. 9371 of 2018