Petitioner sought writ for action against accused in a minor offence case. Court deferred opinion, directing Superintendent of Police to review dropped charges and file affidavit.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 2044 of 2024 Petitioner :- Prosecutrix/Victim X Of Case Crime No.-257/2022 Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Others
Counsel for Petitioner :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.
Heard.
Present petition has been filed with the following prayer:-
"Issue a writ, order or direction in the nature of mandamus commanding the opposite parties particularly the opposite party no. 2 & 3 to take all legal and necessary actions according to law against the accused person in pursuance of first information report, registered as F.I.R./Case Crime No. 257 of 2022, under Sections 376, 363, 366, 343, 120-B, 354 IPC And 3/4 & 7/8 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Sangipur, District- Pratapgarh, against the accused person, and to secure the life and liberty of the petitioner and his family members from the clutches of the accused persons."
Learned AGA on the basis of instructions submitted that chargesheet has been filed against one of the accused, who is a minor and name of four accused persons has been dropped during investigation on the basis of statements of the victim recorded under Sections 161 and 164 CrPC.
At this stage learned counsel for the petitioner has invited our attention to the statement of the victim, who herself is a minor, recorded under Section 164 CrPC.
Without expressing any opinion at this stage, suffice it to say that this is a case where Superintendent of Police, Pratapgarh should himself look into the matter, whether the names of Kuldeep Saroj, Satyam Saroj could have been dropped, in view of the statement of the victim recorded under Section 164 CrPC, whether the names of other accused could have been dropped. He should file his own affidavit in the matter.
Put up on 30.04.2024 as fresh.
(Narendra Kumar Johari,J.) (Rajan Roy,J.)
Order Date :- 28.3.2024/Vipul
Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench
Prospectrix/Victim X Of Case Crime No.-257/2022
State Of U.P. Thru. Prin. Secy. Deptt. Home Lko.
Rajan Roy
Narendra Kumar Johari
As recorded by the court registry
3 orders share this CNR
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