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2025 DAILYLAW 146488 (ALL)

VICTIM CASE CRIME NO. 0053/2025, THRU. HER FATHER BRIJENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/5273/2025 · 2025-06-25

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36297-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5273 of 2025 Petitioner :- Victim Case Crime No. 0053/2025, Thru. Her Father Brijendra Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Aradhana Singh,Arpit Chaudhary,Indu Prakash Singh Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard Shri Arpit Chaudhary, learned counsel for the petitioner and leanred AGA for the State. 2. Present petition has been filed with the following prayer: "1. Issue a writ, order or direction in the nature of Mandamus thereby directing the opposite party no.3, i.e. the Station House Officer, Police Station Nawabganj to consider in accordance with law, the necessity of re- recording the petitioner's statement under Section 183 BNSS (earlier Section 164 Cr.P.C.) and to take an informed and timely decision in this regard in pursuance of the First Information Report dated 13.04.2025 having FIR No.0053/2025, lodged under Section 137(2) of BNS, at Police Station Nawabganj, District Bahraich, during the pendency of the instant writ petition." 3. Considering the fact that the petitioner wants to change her statement given under Section 183 of BNSS coupled with the fact that this aspect can be looked into by the Magistrate concerned, present petition is disposed off permitting the petitioner to move an appropriate application before the Court concerned for re-recording of the statement. 4. The Court concerned shall pass orders thereupon in accordance with law and if deem fit, shall re-record the statement. Order Date :- 25.6.2025 nishant . (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench