Shabana Bano vs State of Uttarakhand and Shri Ishfaq

Prafulla C. Pant, J.—Heard.

By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report dated 06.05.2010, which is registered as case crime No. 128 of 2010, relating to offences punishable u/s 363, 366, 376 and 506 I.P.C., Police Station Vikas Nagar, District Dehradun.

Learned Counsel for the petitioner submitted that petitioner is a woman. She is sister of accused Subhan. Attention of this Court is drawn to the contents First Information Report, statement of the girl recorded u/s 164 of Cr.P.C., and the arrest memo of Subhan, (copy of said documents are annexed with the affidavit of this petition). It is contended that there is not a single word in any of the above documents which indicate the involvement of the petitioner in the crime. Accused Shuban is said to have abducted the girl. He is said to have taken the girl to the petitioner''s house in Saharanpur. It has also come in the statement u/s 164 of Cr.P.C., that the petitioner, immediately had a talk to the parents of the girl and the accused Shuban and the girl left her house. In the circumstances, it is argued that even if whatever has been stated by the girl u/s 164 of Cr.P.C., is accepted, even then ingredients of the offences are made out against the present petitioner.

Admit the petition.

Issue notices to respondent No. 3. The respondents may file their counter affidavit within a period of six weeks.

Meanwhile, as an interim measure, it is directed that the petitioner Shabana Bano, shall not be arrested in connection with the aforesaid crime during investigation provided she cooperates with the investigating agency.

List after six weeks. (Stay Application No. 6018 of 2010 stands disposed of).