Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16196 of 2019 Petitioner :- Vandana Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Srivastava,Satyawan Yadav Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Satyawan Yadav, learned counsel for the petitioner, Sri V.K. Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 07.04.2019 registered as case crime no. 54 of 2019, under sections 376, 506, 120B I.P.C. and section 3/4 POCSO Act, police station Deedarganj, District Azamgarh.
Learned counsel for the petitioners has submitted that the role assigned to the petitioner in the statement of opposite party no. 3 recorded under section 164 Cr.P.C. is that of catching hold of opposite party no. 3 and the main accused Mangala has thereafter committed rape upon her. He has further submitted that the petitioner has been falsely implicated being sister of the main accused, however, there was no allegation made in the FIR against the petitioner. The petitioner has no criminal antecedents. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. provided that she will co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 11.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)