NEETU Vs. STATE OF U P

JUDGEMENT

(1.) PETITION was taken up on a mention having been made that petitioner is a young girl and she is under threat of arrest. PETITION was filed on 24.4.2009. Argument is that the petitioner is young girl aged about 20 years which is clear from her High School certificate and she is not named in the first information report although information is said to have been given by the father of the prosecutrix about which the information was received from Anjali who is sister but name of the petitioner was not mentioned at that time and therefore, in the statement under Section 161 Cr. P.C. in order to rope the entire family petitioner has been got named. Be as it may, it is a matter of investigation and, therefore, we are not to interfere. Notices meant for respondents no. 1 and 2 have been accepted by the learned A.G.A. Issue notice to respondent no. 3. Steps will be taken within ten days. List this case in the week commencing 13th July, 2009. Counter affidavit may be filed by the next date. In the meantime it is directed that till the next date of listing or till submission of charge sheet under Section 173 Cr. P.C. whichever is earlier petitioner will not be arrested pursuant to the first information report registered at case crime no. 75 of 2009, under Sections 363, 366, 368, 376, 147, 323, 504, 506 I.P.C., Police Station Jahangirabad, district Barabanki. However, investigation may go on to which petitioner shall co-operate.