Manoj Kumar Vs State of U.P. and 4 Ors.

Court No. - 1

Case :- CRIMINAL MISC. WRIT PETITION No. - 26283 of 2017

Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Ashish Kumar Gaur Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

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Heard Sri Ashish Kumar Gaur, learned counsel for the petitioner, Sri Yogesh Kumar Gupta, learned counsel for the respondent Nos.4 and 5 and Sri Vikas Sahai, learned A.G.A. for the State.

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This writ petition has been filed by the petitioner with the prayer to direct the respondent No.2 to investigate the present mater and direct the respondent No.3 to recover the victim (kidnapped minor girl) in pursuance of F.I.R. dated 13.07.2017 registered as Case Crime No440 of 2017 under Sections 363, 366 and 376 IPC and 3/4 POCSO Act, Police Station Barkhera, District Pilibhit.

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Learned A.G.A. for the State has stated that an affidavit has been filed by S.P. Pilibhit on 08.02.2018, but the same is not on record.

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Office is directed that trance out the same and place it on record.

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Learned Counsel for the petitioner has stated that the victim has not yet been recovered though the present F.I.R. was lodged against the respondent Nos.4 and 5 to which learned counsel for the respondent Nos.4 and 5 vehemently denied this fact and stated that victim is living with respondent No.4 as on date and the respondent No.4 has also got himself bailed out. It has further submitted that respondent No.5 is the real brother of accused respondent No.4.

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In view of the same, we direct the respondent No.2 Investigating officer to conclude the investigation in the present matter within a period of four weeks from the date of production of certified copy of this order.

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With the aforesaid direction, the writ petition is disposed of.

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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 7.3.2018 Pr/-

Manoj Kumar v. State of U.P. and 4 Ors.

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Manoj Kumar v. State of U.P. and 4 Ors.

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