Dismissed

Prosecutrix/Victim X of Case Crime NO.-257/2022 v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Others

Allahabad HC31 Oct 2025CRLP/2044/2024

Case brief

AI extract

What is this about?

Victim's writ sought directions to prosecute all accused in a POCSO/IPC FIR and protection of her family. Investigation had dropped four accused based on Section 161/164 CrPC statements and alibi evidence. The SP filed a personal affidavit explaining the findings; the High Court found the petition misconceived.

What the court decided

AI extract

Prosecutrix/Victim X of Case Crime… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 2044 of 2024

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Prosecutrix/Victim X Of Case Crime No.-257/2022

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.....Petitioner(s) Versus State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Others .....Respondent(s) Counsel for Petitioner(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Respondent(s) : G.A. Court No. - 10

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HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

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Case called out.

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None appeared on behalf of the petitioner to press this petition nor any request for adjournment or pass over is made, whereas learned A.G.A. for the State is present.

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This Court had passed the following order on 28.03.2024:-

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"Heard.

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Present petition has been filed with the following prayer:-

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"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."

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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

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CRLP No. 2044 of 2024

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under Sections 161 and 164 CrPC.

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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.

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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.

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Put up on 30.04.2024 as fresh. "

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Learned A.G.A., on the basis of personal affidavit of Superintendent of Police, Pratapgarh, submits that location of Kuldeep Saroj and Satyam Saroj were not found together anytime between 12.09.2022 to 23.09.2022 and second accused, namely, Satyam Saroj was present in Navneet Kunwar Public School, Varanasi, which has been stated by the Principal of the institution, namely, Sri Diwakar Rai and the accused Rajesh Saroj was in Allahabad alongwith his counsel colleagues, thus, no charge has been found against them, therefore, this petition is misconceived.

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Dismissed accordingly.

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(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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October 31, 2025

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Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Prosecutrix/Victim X of Case Crime NO.-257/2022 v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Others

Case brief

What is this about?

What the court decided

Prosecutrix/Victim X of Case Crime NO.-257/2022 v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Others

Case brief

What is this about?

What the court decided

A compact analysis

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Case details

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