The Lucknow bench of the Allahabad High Court has stayed the arrest of Additional Superintendent of Police (ASP), Anti-Terrorist Squad (ATS), Rahul Srivastava and his wife, accused in a case of rape of a female student, till Wednesday.
On January 6, the student in her FIR lodged with Gomti Nagar Extension police station, Lucknow, had claimed that she came in contact with the ASP and his wife as she was a UPSC aspirant and sought his help in her preparations.
She alleged that she was raped in 2019.
On Tuesday, the order was passed by a division bench of Justices Rajan Roy and Narendra Kumar Johari on a writ petition filed by the ÀSP and his wife.
They challenged the FIR, seeking stay on their arrest in connection with the case.
It was contended on behalf of the petitioners that they were falsely implicated in the case.
“Only till tomorrow (Wednesday) it is provided that the petitioners shall not be arrested based on the FIR... Unless sufficient and cogent evidence is available against them. Petitioners shall, however, cooperate in the investigation," the court said.
It also directed the state counsel to seek instructions as to the evidence collected, if any, against the petitioners and put up the case.
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