REENA YADAV Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By means of present criminal writ petition, the petitioner seeks a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 22.11.2016, registered as case crime no. 0333 of 2016, under Sections 376, 504, 506 IPC, relating to Police Station, Haldwani, District Nainital.

(2.) Heard learned counsel for the petitioner, learned counsel for the respondent State and perused the documents brought on record.

(3.) It is the submission of learned counsel for the petitioner that on a bare reading of FIR, no allegations of rape etc. are prima facie made out against the petitioner, who is a woman, and the only allegation against her is that she threatened the complainant with dire consequences, disclosing her identity as Child Development Officer in Rudrapur. The allegation of rape is against co-accused Nishant, who is brother of the petitioner. Learned counsel for the petitioner further submitted that offence punishable under Section 376 IPC is not made out against the woman petitioner and if the commission of that offence is ignored in respect of the petitioner, other offences, viz., sections 504, 506 IPC are covered by the decision of Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, 2014 8 SCC 273.