Disposed

Smt. Bala Devi v. State of U.P. and 5 Others

Allahabad HC28 Jul 2021CRLP/2607/2021

Case brief

AI extract

What is this about?

Writ petition filed by the informant seeking fair investigation and inquiry into illegal harassment and threats made against a minor victim. The court disposed of the petition by granting liberty for the applicant to re-submit the application to the concerned Magistrate within two weeks.

What did the court decide?

Liberty to submit an application afresh within two weeks; C.J.M. to pass appropriate order within two weeks thereafter.

Smt. Bala Devi Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2607 of 2021 Petitioner :- Smt. Bala Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the Staterespondents.

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This writ petition has been filed praying for the following reliefs:-

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(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents particularly respondent no.4 to ensure that fair and impartial investigation be done pursuant serious allegations leveled in Case Crime No. 22 of 2021, under Section 363,366 of I.P.C., P.S. Adarsh Mandi Shamli, District Shamli and to submits report in accordance with law as early as possible in accordance with law within some stipulated to be specified by this Hon'be Court.

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to conduct a fair inquiry against the accused persons forthwith in respect of illegal harassment caused by him towards the petitioner and to take an appropriate action accordingly in accordance with law within some stipulated to be specified by this Hon'ble Court.

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Undisputedly, the victim Kajal is a minor girl and yet the police has registered the FIR No. 0022 of 2021, under Sections 363, 366 I.P.C. It appears that girl was recovered on 29.01.2021, but the Investigating Officer instead of producing the minor girl before the Child Welfare Committee; has produced her on the same day before the Judicial Magistrate for recording of her statement under section 164 Cr. P.C. The application of the informant-petitioner dated 10.02.2021 for fair investigation has been rejected by the Additional Chief Judicial Magistrate, Shamli by order dated 10.02.2021. The informant-petitioner has specifically stated in her application dated 10.02.2021 that the victim was threatened by "Daroga" not to tell the truth before the Judge, otherwise she shall be kept in jail till the age of 18 years". Instead of passing the appropriate order, the concerned A.C.J.M. has rejected the application of the informant-petitioner by saying that investigation is still in progress.

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Learned A.G.A. submits that direction may be issued to the Magistrate concerned to decide the application of the informant-petitioner for fair investigation.

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In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed of with liberty to the informant-petitioner to submit an application afresh within two weeks along with a copy of this order before the C.J.M. concerned and thereupon the C.J.M. concerned shall pass an appropriate order in accordance with law within next two weeks.

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Order Date :- 28.7.2021/T.S.

Smt. Bala Devi v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Smt. Bala Devi v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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