RINKI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned A.G.A. Argument is that petitioner is minor girl aged about 17 years and she is student of Class XII which is clear from the mention of the fact in the first information report and the allegation in the first information report against her is a concoction and is for the reason so stated in the writ petition and at the same time entire story appears to be concocted for various other reasons so disclosed, which stands substantiated from the medical examination of the girl, which was shown to the court during the course of arguments. Be as it may, this Court is of the view that keeping in mind the petitioner being the girl aged about 17 years, this Court is of the view that she is entitled to get protection during the investigation. Notices meant for respondents no. 1 to 3 have been accepted by the learned A.G.A. Issue notice to respondent no. 4. 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. petitioner will not be arrested pursuant to the first information report registered at case crime no. 123 of 2009, under Sections 363, 366, 376, 506 IPC, Police Station Jahangirabad, district Barabanki. However, investigation may go on to which petitioners shall co-operate.