The High Court of Allahabad disposed of Criminal Misc. Writ Petition No. 5523 of 2021, as no grounds existed to keep it pending, directing the Investigating Officer to conclude the investigation legally.
Writ petition disposed with direction to Investigating Officer to proceed with investigation to a logical conclusion.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5523 of 2021
Petitioner :- Dilip Kumar Tiwari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kunjesh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The written instructions supplied by the learned A.G.A. indicates that another first information report namely Case Crime No. 849 of 2020 under Section 366 I.P.C. dated 07.12.2020 had been lodged with respect to the incident in question on 06.12.2020, wherein during the course of investigation the victim/ girl had been recovered and produced in the Police Station - Lalganj, District Pratapgarh on 12.08.2021. After recording the statement of the victim/girl under Section 161 Cr.P.C. and the medical examination on 12.08.2021, it was found that the victim/girl is major. The custody of the victim girl had been handed over to the concerned person according to her wishes. However, in the present first information report the statement of the victim/girl could not be recorded as she was not well.
In the said scenario, we do not find any good ground to keep the writ petition pending. The writ petition is, therefore, disposed of with the observation that the Investigating Officer shall proceed in accordance with law to bring the investigation to its logical conclusion.
Order Date :- 9.9.2021 gp
1 issue framed by the court
Whether there is a good ground to keep the writ petition pending in light of the victim's age confirmation.
2 provisions across 2 enactments
Dilip Kumar Tiwari
State Of U.P.
6 Others
Sunita Agarwal
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
