Shesh Kumari Singh vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

"1. Smt. Shesh Kumari Singh, the petitioner appeared in person and has apprised the Court that her Advocate, Ashok Kumar Verma has refused to conduct the case.

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2. She is a poor lady and not able to afford any other Advocate. She has further submitted that she is a resident of Village Godauli, P.S. Banthara, District Lucknow and her in-laws are the resident of Unnao. The First Information Report has been lodged at Unnao bearing Case Crime No. 0096 of 2025, under Sections 85, 115(2), 89, 351(3) of BNS and 3/4 of D.P. Act at P.S. Hasanganj, District Unnao. She has also informed the Court that charge-sheet has already been filed and as and when she goes to the learned Trial Court to attend her case, her in-laws, including her husband use to torture her physically and mentally, therefore, she is not able to attend her case at Unnao. In the writ petition, her Advocate has not impleaded her husband as opposite party, therefore, at this stage, the prayer prayed in the writ petition may not be granted.

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3. In this writ petition, the following prayer has been prayed:-

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CRLP No. 4321 of 2025

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"(i) issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party No. 2 to transfer the criminal case i.e. F.I.R. No. 0096 of 2025 under section 85, 115(2), 89, 351(3) BNS and 3/4 of Dowry Prohibition Act, Police Station Hasanganj, District- Unnao, from District Unnao to Police StationBanthara of District- Lucknow as being lady petitioner is not in position to do pairavi at police Station- Hasanganj, District- Unnao because the police Station- Hasanganj, Unnao is about 40 Kms away and situate at outside road."

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4. Sri Saurabh Srivastava, Advocate (B/S 0540/2012) has agreed to contest the case on behalf of the petitioner.

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5. Considering the plight and grievance of the petitioner, Sri Saurabh Srivastava is appointed as Amicus Curiae on behalf of the petitioner to contest the case on her behalf. Sri Saurabh Srivastava is permitted to implead the SHO, P.S. Hasanganj, District Unnao as opposite party no. 3 and Sri Jaibeer Singh son of Prakash Singh, resident of Maula Bikapur, P.S. Hasanganj, District- Unnao as opposite party no. 4 during the course of the day.

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6. The SHO, P.S. Hasanganj District Unnao, i.e., opposite party no. 3 is directed to apprise the newly impleaded opposite party no. 4 about the proceeding of the case. The petitioner or her counsel may send copy of the writ petition to the newly impleaded opposite party no. 4 through registered post/speed post and one copy thereof may be provided to the SHO concerned to serve upon the opposite party no. 4 at the earliest.

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7. AGA shall intimate this order to the SHO concerned telephonically/E-mode/other convenient mode so that he could apprise this order to opposite party no. 4.

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8. Learned AGA has shown written instructions dated 29.05.2025 provided by one Anil Kumar Singh, Sub-Inspector indicating therein that the chargesheet bearing no. 98 of 2025 has been filed on 10.05.2025, the same is taken on record.

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9. List this case on 26th August, 2025.

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10. On that date, the petitioner and newly impleaded opposite party no. 4 shall appear in person.

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11. The SHO, i.e., opposite party no. 3 shall ensure the presence

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CRLP No. 4321 of 2025

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of opposite party no. 4 on the next date.

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12. Till the next date of listening, the further proceedings pending before the learned Trial Court pursuant to the First Information Report 0096 of 2025, under Sections 85, 115(2), 89, 351(3) of BNS and 3/4 of D.P. Act at P.S. Hasanganj, District Unnao and chargesheet no. 98 of 2025 shall remain stayed.

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13. When the case is next listed, the name of Sri Saurabh Srivastava shall be printed in the cause list as counsel for the petitioner.

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14. This matter may be taken up at 3:00 PM."

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In compliance of the aforesaid order, one Sub-Inspector Anil Kumar Singh, P.S.-Hasanganj, District-Unnao, is present in person. He has produced one report dated 25.08.2025 addressing to Government Advocate, the same is taken on record.

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In the aforesaid report, Sub-Inspector Anil Kumar Singh has not indicated on which date he has been apprised about the order of this Court. He has also not indicated that on which date he had gone to the residence of accused. Alongwith aforesaid report, he has enclosed one certificate being issued by the Pradhan of Gram Panchayat-Maula Bakipur, Vikaskhand-Hasanganj, District-Unnao, wherein the Pradhan has indicated that the accused person Jaibeer Singh has gone to Mumbai to have darshan of Sai Baba.

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On being asked from Sub-Inspector concerned as to why he has not indicated the date when Jaibeer Singh had gone to Mumbai to have darshan of Sai Baba, he could not explain, though, he has informed that Jaibeer Singh has gone to Mumbai on 09/10.08.2025.

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We are unable to comprehend that if any person has gone to Mumbai to have darshan of Sai Baba on 09/10.08.2025 as to why his presence could not be ensured today i.e. 26.08.2025. The said SubInspector could not explain anything, rather has stated in a very casual manner from the Court to issue any warrant against Jaibeer Singh, he will arrest him. The reply given to the Court is so casual and therefore, the same is deprecated.

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The petitioner-Shesh Kumari Singh is present alongwith her

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CRLP No. 4321 of 2025

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Advocate, who is amicus namely Saurabh Srivastava, has stated that the aforesaid Police Officer has been extending help to the accused person from the very beginning and he has harassed her and her father time and again.

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Therefore, in view of above, it appears that the appears that the appearance of Superintendent of Police, Unnao would be required on the next date to assist the Court.

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List/put up this case on 28.08.2025.

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On that date, Superintendent of Police, Unnao alongwith SubInspector Anil Kumar Singh, who is present in the Court today, shall appear in person before this Court.

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Learned AGA for State shall intimate this order to the Superintendent of Police, Unnao, within 24 hours for its compliance.

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Interim order granted earlier, if any, shall continue till the next date of listing.

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26.08.2025

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Vinay/-

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(Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.)

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shesh Kumari Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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Shesh Kumari Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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