Hon'ble S.N.H. Zaidi,J.
Rejoinder affidavit filed on behalf of the petitioners, in Court, is taken on record.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The instant writ petition has been filed under Article 226 of the Constitution of India for quashing the F.I.R. registered at Case Crime No. 365 of 2010, under sections 363 and 366 I.P.C. P.S. Fardhan, District-Lakhimpur Kheri against the petitioners and one Aleem.
Learned counsel for the petitioners submitted that after concluding the investigation, a charge sheet under sections 363 and 366 I.P.S. was filed only against Aleem with the observation that naming of the petitioners in the case was found to be false. However, after filing the charge-sheet in the Court the I.O. got the statement of the prosecutrix recorded under section 164 Cr.P.C. without obtaining any order for further investigation from the Court and on the basis of the said statement of the prosecutrix, the police is making raids at the house of the petitioners for their arrest.
Learned A.G.A. on the other hand submitted that after filing the charge-sheet against co-accused Aleem the investigation continued against the petitioners during which the statement of the prosecutrix was recorded under section 164 Cr.P.C., wherein she has stated to have been raped by the petitioners also. Learned A.G.A., however, could not show as to whether or not the statement of the prosecutrix under section 164 Cr.P.C. was recorded before filing of the charge-sheet against accused Aleem and whether any order was obtained for further investigation of the case against the petitioners, after the Investigating Officer had come to the conclusion that the naming of the petitioners in the case was found to be false.
List on 27.09.2010 on which date the Investigating Officer of the aforesaid case shall appear in person along with the case diary.
Order Date :- 17.9.2010 Rizvi