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Allahabad High Court
Smt. Dayawati W/O Jhagru vs State Of U.P. Thru Secy. Home & Ors. on 29 January, 2010
Court No. - 28

Case :- MISC. BENCH No. - 740 of 2010

Petitioner :- Smt. Dayawati W/O Jhagru
Respondent :- State Of U.P. Thru Secy. Home & Ors.
Petitioner Counsel :- Ajeet Kumar
Respondent Counsel :- G.A.

Hon'ble Alok K. Singh,J.

Hon’ble Yogendra Kumar Sangal,J.

Heard learned counsel for the petitioner, learned A.G.A. and perused the
record including the impugned F.I.R.

Perusal of the F.I.R. discloses commission of cognizable offence. Therefore, it
cannot be quashed.

However, learned counsel for the petitioner submits that she happens to be an
unfortunate mother-in-law of the alleged rapist. It is pointed out that as would
be apparent from perusal of the F.I.R. the girl has attained the age of majority
and she was living with the petitioner. The only allegation is that she was
being continuously raped and now she has been turned out from that house.

In view of the above, this petition is disposed of with the direction that till
filing of the police report against the petitioner (Smt. Dayawati), she shall not
be arrested in Case Crime No. 602 of 2009, under Sections 366/376 I.P.C.,
Police Station Asandara, District-Barabanki, subject to her co-operation in the
investigation, which shall go on.

Petition is disposed of finally.

Order Date :- 29.1.2010

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