Hon'ble Vedpal,J.
Heard learned counsel for the petitioner ,learned A.G.A. and perused the material placed on record.
Let notice be issued to opposite party no. 4 returnable at an early date.Let steps be taken within seven days by registered post, failing which the interim order which is being passed herein below shall come to an end automatically.
List immediately after service of notice.
It is submitted that the petitioner is not named in the FIR. In the statement under Section 164 Cr.P.C. the girl has also not made any specific allegation against the petitioner except that she was present in the house where petitioner's husband committed rape upon her. The petitioner is a lady.The theory set up in FIR is patently unbelievable that a wife would facilitate commission of rape by her own husband upon a minor girl and that too in her own house and she would not make any objection at that very time or immediately thereafter, it is submitted.
In view of above, as an interim measure, it is provided that till the next date of listing or filing of the charge sheet,if any, whichever is earlier, the petitioner(Smt. Brijwati) shall not be arrested in case crime no. 395 of 2009 under Sections 363,366,376 and 120-B I.P.C., Police Station Kamrauli district Sultanpur unless and until cogent and credible evidence is collected against her, subject to her co-operation in the investigation which shall go on.
Order Date :- 10.5.2010 Tripathi