ALLEGED MINOR R THRU. GUARDIAN MOTHER AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO AND ANOTHER
/785/2024 · 2025-01-24
Mohd Faiz Alam Khan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145780 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4791 Court No. - 14 Case :- CRIMINAL REVISION No. - 785 of 2024 Revisionist :- Alleged Minor R Thru. Guardian Mother And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko And Another Counsel for Revisionist :- Dharmendra Kumar Tiwari,Ravindra Kumar Dwivedi Counsel for Opposite Party :- G.A.,Nijam Ahamad Hon'ble Mohd. Faiz Alam Khan,J.
1. Heard learned counsel for the revisionist as well as learned AGA for the State and perused the record.
2. The personal affidavit of the Investigating Officer has been filed, which has been taken on record.
3. The personal affidavit of the Investigating Officer would reflect that she has stated about the events as had occurred according to her, however, the same is silent on the point as to what material the Investigating Officer has found sufficient for submitting the charge sheet against the revisionist. As it appears to be an admitted situation that the charge sheet has been filed against the revisionist under Sections 323, 504, 336 and 302 IPC apart from Section 147 of the IPC. The filing of this personal affidavit by the Investigating Officer prima facie reflects non application of mind. Facility of bail has already been extended in favour of accused/ revisionist, vide order of this Court dated 12.8.2024, thus no further orders required to be passed in this revision.
4. However, keeping in view of the facts and circumstances of the case, it appears in the interest of justice that the Director General of the Police Uttar Pradesh be directed to get the matter inquired by a Superior Officer of the Police in order to assess as to whether there are / were ample grounds/ materials on the basis of which the charge sheet could have been submitted against the revisionist under the relevant penal Sections.
5. With the aforesaid observations, the revision petition is finally disposed of.
6. A copy of this order be sent immediately to the D.G.P. State of U.P. along with the particulars of the case. Order Date :- 24.1.2025/Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench