Hon'ble Vedpal,J.
Short counter affidavit filed today is taken on record. Learned counsel for the petitioner does not want to file rejoinder affidavit. Heard learned counsel for the petitioner, learned A.G.A. and perused the record.
The F.I.R. is under Case Crime No. 554 of 2009, under Sections 363, 366 I.P.C. Police Station Dargah Shareef, District-Bahraich. Perusal of the F.I.R. discloses commission of cognizable offence, therefore, it cannot be quashed.
Learned A.G.A. says that as averred in paragraph 5 of the short counter affidavit, in her statement recorded under Section 161 Cr.P.C. the prosecutrix has assigned the role of facilitating the crime of rape against the petitioner. In view of the facts and circumstances, this petition deserves to be and is accordingly dismissed.
Order Date :- 10.5.2010 ML/-