HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 9
Case :- MISC. BENCH No. – 27322 of 2019
Petitioner :- Rizwana Ors.
Respondent :- State Of U.P.Thru.Prin.Secy.Home Ors.
Counsel for Petitioner :- Rajesh Kumar
Counsel for Respondent :- G.A.
Hon’ble Shabihul Hasnain,J.
Hon’ble Virendra Kumar-II,J.
Heard Sri Rajesh Kumar, learned counsel for the petitioners as well as learned A.G.A.
This petition has been filed for quashing the first information report No.1062 of 2018, under Sections-494, 323, 376, 506 SectionIPC and 3/4 of POCSO Act, police station-Ghazipur, District Lucknow.
Learned A.G.A. has informed that Section 377 IPC has also been added during investigation. It has also been informed that the main accused i.e. husband has already been arrested. However, the petitioners are also being roped in by invoking Sectionsection 494 IPC.
Learned counsel for the petitioners argues that so far Rizwana – petitioner No.1 is concerned, the allegations of 376 and 377 SectionIPC cannot be invoked against her.
Prima facie it appears that there is some ulterior motive in this case. However, investigation cannot be stopped on this ground. Let the investigation go on. But till credible evidence is collected against the petitioners in aforesaid case crime, they shall not be arrested.
Order Date :- 30.9.2019