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2025 DAILYLAW 118700 (ALL)

COMPLAINANT IN CASE CRIME NO. 489/2024 PS PAYAGPUR DISTT. BAHRAICH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 5 OTHERS

/518/2025 · 2025-01-27

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5016-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 518 of 2025 Petitioner :- Complainant In Case Crime No. 489/2024 Ps Payagpur Distt. Bahraich Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others Counsel for Petitioner :- Rahul Kumar Shukla,Rajeev Kumar Saxena,Shivam Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A., who appears for the State. 2. This petition has been filed by the petitioner with the following main prayers :- "i. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to arrest the opposite parties no 3 to 5 for proper investigation in pursuance of the first information report dated 29.10.2024, lodged by the petitioner, vide case crime no. 0489/2024, under section 137(2) B.N.S., at Police Station- Payagpur, District- Bahraich in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to transfer the present case for proper investigation to another Investigating Agency, in the interest of justice." 3. The learned counsel for the petitioner, at the outset, says that he wishes not to press the prayer clause No.1 of the writ petition. However, he presses prayer clause No.2 and also wishes that the investigation initiated after lodging of the first information report on 29.10.2024 be brought to its logical conclusion. 4. The learned A.G.A. has produced before this Court instructions sent by one S.I. Vijay Kumar Chaudhary, Police Station Payagpur, District Bahraich, wherein, it has been stated that the victim has been recovered on 17.11.2024 from Bahraich Bus Station and her statements under Sections 180 and 183 B.N.S.S. were recorded. It was found that she was a minor and she was produced on 22.11.2024 before the C.W.C., Bahraich. The victim refused to go with her parents, as a result, she is currently lodged in Children Observation Home, Gonda on an order passed in this regard by the C.W.C., Bahraich. 5. The said instructions are kept on record. 6. This petition is disposed of with a direction to the petitioner to file an application with sufÏcient details therein addressed to D.G.P. (U.P.) within two weeks from today. The D.G.P. shall take an appropriate decision within two weeks thereafter. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 27.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench