Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the material on record.
Under Challenge in this writ petition is the F.I.R. relating to Case Crime No.285 of 2009, under Section 368 I.P.C. It is pointed out that initially this F.I.R. was lodged under Sections 363, 366 I.P.C., Police Station Dariabad, District Barabanki and during investigation Section 368 I.P.C. has been added.
Learned counsel for the petitioner submits that the aforesaid F.I.R. under Sections 363, 366 I.P.C. was challenged before the Division Bench of this Court which passed the order in favour of the petitioner in that following terms:--
"We have gone through the F.I.R. as well as the statement of the prosecutrix contained in Annexure-2 of the petition. As per allegation levelled by the prosecutrix in her statement recorded under Section 161 Cr.P.C. the petitioner bolted the door of the room from the outside where three accused subjected her to rape. The prosecutrix is minor and the F.I.R. cannot be quashed since it discloses commission of cognizable offence, but considering the role of the petitioner being lady, we hereby provide that if she surrenders and moves application for bail, the benefit of Section 437 Cr.P.C. shall be given to her."
Having regard to the aforesaid facts and circumstances in respect of the added section also we are inclined to dispose of this petition finally with same direction that if she appears before the court below and applies for bail in respect of added section i.e. Section 368 I.P.C. the benefit of Section 437 Cr.P.C. shall be given to her.
With these observations this petition is finally disposed of.
Order Date :- 27.1.2010 PAL/