Janu Pasi @ Janu Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Janu Pasi @ Janu Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Sunita Devi to produce the alleged victim before the SHO, P.S. Rampur Kala on 25.07.2025 at 02:00 PM; SHO to ensure medical examination and recording of the victim's statements under Sections 180 and 183 BNSS; Magistrate to ascertain the minor victim's willingness regarding residence; referral to the Child Welfare Committee, District Sitapur if ill-treatment by Sunita Devi is made out; and no arrest of the petitioner in pursuance of the impugned FIR if the victim is produced as directed.

Issue for consideration

Whether the first information report dated 07/07/2025 (FIR No. 179/2025) under Sections 87 and 137(2) BNS registered at Police Station Rampur Kala, District Sitapur, should be quashed, the petitioner alleging false implication and that the alleged victim is residing with Sunita Devi since 06.07.2025.

Court's answer

The petition is disposed of with a direction to Sunita Devi, deponent of the affidavit filed as Annexure No.2, to approach the Station House Officer of Police Station Rampur Kala, District Sitapur on 25.07.2025 at 02:00 PM along with the alleged victim.

Ratio / Principle

The Station House Officer concerned shall ensure a medical examination of the victim, record her statement under Section 180 BNSS, and also get her statement recorded before the Magistrate concerned under Section 183 BNSS.

Key takeaways

If the victim is found to be minor as alleged in the impugned FIR and does not wish to live with her matrimonial grand-mother, her willingness shall be ascertained by the Magistrate concerned, and if she is happy living with Sunita Devi w/o Umesh Kumar of Village Firozpur, District Sitapur, she shall be allowed to stay with Sunita Devi.ratio¶13
If any ill-treatment of the victim by Sunita Devi is made out, the matter shall be referred to the Child Welfare Committee of District Sitapur, which shall pass an appropriate order in her case.ratio¶14

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition (Allahabad High Court, Lucknow Bench, DB: Sangeeta Chandra & Subhash Vidyarthi, JJ.) seeking quashing of FIR No. 179/2025 dated 07/07/2025 under Sections 87 and 137(2) BNS, P.S. Rampur Kala, District Sitapur, and a mandamus against harassment of the petitioner Janu Pasi @ Janu, who claimed false implication. Counsel relied on an affidavit of Sunita Devi stating that the alleged victim Shivani, having left her maternal grand-mother's home owing to ill treatment, was residing with Sunita Devi since 06.07.2025 and had not been produced before the Investigating Officer. Disposing of the petition, the Court directed Sunita Devi to produce the victim before the SHO on 25.07.2025 at 02:00 PM; the SHO to ensure medical examination and record her statement under Section 180 BNSS and before the Magistrate under Section 183 BNSS; if the victim is a minor and unwilling to live with her grand-mother, the Magistrate to ascertain her willingness and permit residence with Sunita Devi if she so wishes; referral to the Child Welfare Committee, District Sitapur upon any ill-treatment by Sunita Devi; and no arrest of the petitioner under the impugned FIR if the victim is produced as directed.

Neutral Citation No. - 2025:AHC-LKO:41642-DB

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 6387 of 2025 Petitioner :- Janu Pasi @ Janu Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others

Counsel for Petitioner :- Suyesh Pradhan Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.

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

Present petition has been filed with the following prayer:-

"(i) to issue a writ, order or direction in the nature of certiorari for quashing the impugned first information report dated 07/07/2025 registered as F.I.R No:- 179/2025, under sections: 87, 137 (2) B.N.S at Police Station Rampur Kala, District:- Sitapur, Uttar Pradesh, in connection to the present petitioner (as contained in Annexure- '1' to this writ petition).

(ii) to issue a writ, order or direction in the nature of mandamus commanding upon the respondents not to unnecessarily harass the petitioner in pursuance to impugned first information report dated 07/07/2025 registered as F.I.R No:- 179/2025, under sections:- 87, 137 (2) B.N.S at Police Station:- Rampur Kala, District:-Sitapur, Uttar Pradesh."

The learned counsel for the petitioner states that the petitioner has been falsely implicated and he has referred to an affidavit submitted by one Sunita Devi w/o Umesh Kumar resident of Village- Firozpur, District- Sitapur wherein it has been stated that the deponent's niece Shivani used to reside with her maternal grand-mother Champa Devi w/o Ramesh Pasi at their home situated at Village- Daljeetpur, Bilhari, DistrictSitapur and because of ill treatment meted out to her, she ran away from her maternal grand-mother's home and is living with Sunita Devi since 06.07.2025 at her house. Till date, the victim has not been produced by Sunita Devi before the Investigating Officer.

Therefore, the petition is disposed of with a direction to the

said Sunita Devi, the deponent of the affidavit filed as Annexure No.2 to the petition, to approach the Station House Officer of Police Station-Rampur Kala, District- Sitapur on 25.07.2025 at 02:00 PM alongwith the alleged victim. The Station House Officer concerned shall ensure a medical examination of the victim and record her statement under Section 180 BNSS and also get her statement recorded before the Magistrate concerned under Section 183 BNSS.

In case the victim is found to be minor as alleged in the impugned FIR and she does not wish to live with her matrimonial grand-mother, her willingness be ascertained by the Magistrate concerned and if she is happy living with Sunita Devi w/o Umesh Kumar resident of Village- Firozpur, DistrictSitapur, she shall be allowed to stay with Sunita Devi as aforesaid.

In case any ill-treatment is made out to the victim by Sunita Devi, then the matter shall be referred to the Child Welfare Committee of District- Sitapur who shall pass an appropriate order in her case.

In case the petitioner is able to persuade Sunita Devi to produce the alleged victim before the SHO concerned on 25.07.2025 as directed by this Court, the petitioner shall not be arrested in pursuance of the impugned FIR.

(Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025/-Amit K-

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