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2025 DAILYLAW 143225 (ALL)

SUNITA PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. PRATAPGARH AND OTHERS

CRLP/4953/2025 · 2025-06-04

Rajesh Singh Chauhan, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34477-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4953 of 2025 Petitioner :- Sunita Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Pratapgarh And Others Counsel for Petitioner :- Vaibhav Sangam Mishra,Mukul Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard Sri Vaibhav Sangam Mishra, learned counsel for the petitioner and Sri Yogesh Kumar, learned AGA for the State. In view of the proposed order, notice to opposite party nos. 5, 6, 7 and 8 is hereby dispensed with. By means of this petition, the petitioner has prayed the following reliefs:- "1. Issue a writ, order, or direction in the nature of Mandamus thereby commanding the concerned opposite parties to expeditiously record the statement of the petitioner and other relevant witnesses, and to take immediate steps to conduct the medico-legal examination of the petitioner and her children in connection with FIR No. 0122/2025 dated 09.04.2025, registered under Sections 115(2), 352, and 351(3) IPC/BNS at Police Station Lalganj, District Pratapgarh, preferably within a period of one week, in the interest of justice. 2. Issue a writ, order, or direction in the nature of Mandamus, thereby commanding the responsible opposite parties to be held accountable for gross negligence in following due process, including exerting undue pressure on the petitioner to alter her original application, and to take immediate corrective measures to ensure the administration of fair and impartial justice in connection with FIR No. 0122/2025 dated 09.04.2025, registered under Sections 115(2), 352, and 351(3) BNS at Police Station Lalganj, District Pratapgarh. 3. Issue a writ, order, or direction in the nature of Mandamus thereby commanding the responsible opposite parties to do the Fair Investigation in the present F.I.R. was lodged on dated 09.04.2025, FIR No. 0122/2025, registered under Sections 115(2), 352, and 351(3) BNS at Police Station Lalganj, District Pratapgarh, preferably within a period of one week in the interest of justice. 4. Issue a writ, order, or direction in the nature of MANDMUS thereby commanding the responsible opposite parties to expedite in filing of the chargesheet in the in F.I.R. was lodged on dated 09/04/2025, FIR No. 0122/2025 U/S 115(2), 352, 351(3) BNS, Police Station- Lalganj, Pratapgarh, preferably within a period of one week in the interest of justice." Learned AGA has produced the copy of the instruction dated 29.05.2025 provided by the Sub-Inspector, P.S. Lalganj District Pratapgarh indicating therein that in the aforesaid crime case the charge-sheet has been filed before the learned Court concerned on 29.05.2025. The aforesaid instructions are taken on record. Learned counsel for the petitioner has stated that the petitioner is absolutely unaware as to whether the charge-sheet has been filed on 29.05.2025. To the best of the information of the petitioner, neither the charge-sheet has been filed on or before filing of this writ petition nor the Court concerned has taken cognizance of the charge-sheet. Be that as it may, since, learned AGA has informed on the basis of instruction that the charge-sheet has already been filed before the learned trial Court, therefore, there is no purpose to keep this petition pending any longer. Accordingly, the petition is disposed of giving liberty to the petitioner to avail appropriate remedy before the appropriate Court of law. Order Date :- 4.6.2025 Anurag . (Ram Manohar Narayan Mishra,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench