The Allahabad High Court has stayed the arrest of Randheer Patel, a resident of Jaunpur and his mother, accused of raping a girl, and has sought a response from the state government within two weeks on the petition.
The Division Bench of Justice Anjani Kumar Mishra Justice Vivek Kumar Singh passed this order while hearing a petition filed by Randheer Patel And Another.
The writ petition seeks quashing of the F.I.R dated 29.6.2023 giving rise to Case under Sections 376, 504, 506 I.P.C and under Section 3(2)(v) of Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station- Georgetown, District- Prayagraj.
The contention of the counsel for the petitioner is that the first information report itself alleges that the petitioner no 1 had married the victim/daughter of the first informant and for these reasons no offence under Section 376 I.P.C can be alleged.
The Court observed that the matter requires consideration.
The Court granted two weeks time to file counter affidavit for the respondents and two weeks time to file Rejoinder affidavit for the petitioner counsel.
“Till the next date of listing, the petitioner may not be arrested consequent to the impugned F.I.R dated 29.6.2023 giving rise to Case under Sections 376, 504, 506 I.P.C and under Section 3(2)(v) of Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station- Georgetown, District- Prayagraj.
This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C, whichever is earlier. It is also provided that the petitioner shall fully cooperate in the investigation, failing which they shall not be entitled to the benefit of this order”, the Court ordered.