RUSHIL MAHENDRAKUMAR MAYATRA Vs. SONALBEN

JUDGEMENT

(1.) Heard learned Advocate Mr. Kshitij M. Amin appearing for the applicant and learned APP Ms. M. D. Mehta on behalf of the respondent - State.

(2.) By way of this application, the applicant seeks quashment of the FIR being C. R. No. I-118 of 2013 registered with the Adalaj Police Station, Gandhinagar for offence punishable under Ss. 376 of the Indian Penal Code. The said FIR being registered on 31/8/2013.

(3.) Learned Advocate Mr. Amin would submit that perusal of the FIR would reveal that as such the crux of the allegations were against the accused no. 1 whereas even though the present applicant was not named in the FIR, he had been arraigned as accused in the charge sheet. The only role attributable to the present applicant being that he had gone along with the principal accused to a particular spot where the alleged incident has happened. As such there is no allegation of the applicant having committed any overt act or any abetment to the principal alleged offence.