Neutral Citation No. - 2025:AHC-LKO:12839 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 154 of 2025 Applicant :- Arti And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vimlesh Kumar Kashyap,Rudra Pratap Pal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. By filing this application, the applicants have sought the following main relief : "to direct the concerned Additional Chief Judicial Magistrate VII, Lucknow to record the statement of petitioner/applicant no.1 U/s 164 Cr.P.C. now U/s 183 B.N.S.S. and pass appropriate order for her medical examination in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to direct the opposite parties not to take any coercive action against the petitioners/applicants till the medical examination of the petitioner no.1 is conducted and statement under section 164 Cr.P.C./ now U/s 183 B.N.S.S. is recorded before the concerned Magistrate, in the interest of justice." 3. Learned counsel for the applicants further submits that the applicant no.1 (prosecutrix) has been married to applicant no.2 and they are living happily a married life. 4. It is further submitted that an FIR was lodged by the father of applicant no.1 against the applicant no.2 and his parents stating therein that applicant no.2 had enticed away the prosecutrix (applicant no.1) on 15.02.2025 at about 12.00 P.M. 5. It is vehemently submitted that the applicant no.1 is ready to appear before the Investigation Officer and suitable directions be given to the concerned Investigating Officer or the Chief Judicial Magistrate to get the statement of the prosecutrix (applicant no.1) recorded under Section 183 BNSS, akin to Section 164 Cr.P.C. (now repealed) as well as to get her medically examined. 6. Learned AGA on the other hand raised a preliminary objection with regard to the maintainability of the instant petition on the ground that still the matter is under investigation and the charge sheet has not been filed and therefore the applicant could not approach this Court under Section 528 BNSS. It is further submitted that as per the instructions received by him the applicant no.1 is not traceable and therefore her statement recorded under Section 183 BNSS could not be recorded nor she could be medically examined. 7. Having heard learned counsel for the parties and having perused the record, it appears that applicants no. 1 and 2 have now married and the grievance of the applicant no.1 is to the tune that her statement under Section 183 BNSS is not being recorded nor she has been medically examined. Per contra the version of the State is that applicant no.1 (prosecutrix) is herself not traceable and therefore her statement under Section 183 BNSS could not be recorded nor she could be medically examined. 8. So far as the submissions of learned counsel for the applicants with regard to the issuance of direction to the court to get the statement of prosecutrix recorded under Section 183 BNSS is concerned the same could not be given in view of the fact that it is the prerogative of the investigating agency to sponsor the witness whose statement they want to record under Section 183 BNSS, therefore the Investigating Officer could not be forced to get the statement of any witness recorded under Section 183 BNSS and secondly the Medical Examination of the prosecutrix (applicant no.1) could also not be done because she is herself hiding and not making herself available to the Investigating Officer. 9. In view of the above, without going into the academic discussion of the maintainability of the petition, the petition is disposed of with a direction to applicant no.1 to appear before the Investigating Officer, who shall get the applicant no.1 medically examined and will produce her before the Magistrate for the purpose of recording of her statement under Section 183 BNSS. 10. It is further provided that Investigating Officer shall maintain the decency of the applicant while taking her for medical examination or for recording her statement under Section 183 BNSS and in any case she will not be harassed, threatened and shall be given a fair treatment. A lady constable shall invariably be accompanying the prosecutrix during this period. 11. Need not to say that the concerned Magistrate before whom, the prosecutrix (applicant no.1) shall be produced for the purpose of recording of her statement under Section 183 BNSS shall ensure that the prosecutrix has been dealt with fairness. 12. The S.S.P./S.P. Hardoi shall ensure that the applicant no.1(prosecutrix) is provided adequate security and be not harassed by her parents or her family members or other persons during or after her medical examination or recording of her statement under Section 183 BNSS. The responsibility of the security of the applicant no.1/ prosecutrix shall be of the S.S.P./S.P. Hardoi. 13. Further custody of the applicant no.1 shall be decided by the competent court as and when the prosecutrix will be produced before it. Order Date :- 4.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench