Criminal miscellaneous writ petition to quash F.I.R. alleging rape and conspiracy. Court restrained petitioners from arrest pending police report under Section 173(2) Cr.P.C. while requiring cooperation with investigation.
Direction that petitioners shall not be arrested pending police report but must cooperate with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 8330 of 2020
Petitioner :- Lakshmi Sonkar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Sanjay Srivastava, learned counsel for the petitioners, Kumari Meena, 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 petitioners with a prayer to quash the F.I.R. dated 30.07.2020 registered as case crime no. 305 of 2020, under sections 376, 120-B I.P.C., police station Bajriya, District Kanpur Nagar.
It has been argued by the learned counsel for the petitioners that the respondent no. 3 is a divorcee and she had come in contact with one Prayagraj Sonkar alias Vicky Sonkar and had developed some physical relationship with her and when the relationship could not be matrimonalized, she lodged the impugned F.I.R. against him along with her parents who are petitioner nos. 1 and 2 and as per the statement recorded under Section 164 Cr.P.C. also, she reiterated the same version as given in the F.I.R. He further submitted that the applicants have no criminal antecedent to their credit as stated in paragraph 5 of the writ petition, hence the impugned F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the impugned F.I.R.
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., if any, before the competent court but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad,
self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/ Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.8.2020 SA
(Ajit Singh, J.) (Ramesh Sinha, J.)
2 issues framed by the court
Whether the F.I.R. alleging rape and criminal conspiracy should be quashed.
Whether protection from arrest is warranted pending police report.
4 provisions across 2 enactments
Lakshmi Sonkar
State Of U.P.
Ramesh Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
