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2025 DAILYLAW 150858 (ALL)

RAJESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS

CRLP/6211/2025 · 2025-08-25

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 6211 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Rejoinder affidavit filed on behalf of the petitioner today in Court is taken on record. 2. Heard Shri Chandra Bhan Singh, learned counsel for petitioner, Shri G.D. Bhatt, learned Additional Government Advocate for the State, Shri Praveen Shukla, Advocate holding brief of Shri Avinash Pandey, learned counsel for respondent no.4 and perused the material available on record. 3. At the very outset, Shri G.D. Bhatt, learned Additional Government Advocate has submitted that the statements of prosecutrix under Sections 180 and 183 of the B.N.S.S. of 2023 have been recorded and perusal thereof reveal that prima facie the offence under Section 5M/6 of the Protection of Children from Sexual Offences Act, 2012 is made out. 4. Disputing the aforesaid submission of Shri G.D. Bhatt, learned Additional Government Advocate for the State, learned counsel for petitioner submits that the present petitioner has falsely been implicated in the alleged offence, inasmuch as, for the alleged offence dated 01.12.2024, the FIR of this case was lodged on 04.07.2025, therefore, the petitioner was granted interim protection by this Court vide order dated 11.07.2025. 5. In compliance of the aforesaid interim order, the petitioner has Versus Counsel for Petitioner(s) : Chandra Bhanu Singh Counsel for Respondent(s) : G.A., Avinash Pandey Rajesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others .....Respondent(s) cooperated in the investigation and is still cooperating in the investigation and charge sheet has not been filed till date. The petitioner undertakes that he shall cooperate in the investigation. 6. Having considered the submissions of learned counsel for parties and with the consent of parties, we hereby dispose of this petition finally directing the petitioner to cooperate in the investigation till filing of the police report, failing which, interim protection so granted shall be withdrawn on the application being filed by the prosecution or on behalf of the complainant. 7. It is expected from the Investigating Officer that the investigation is completed and concluded with expedition strictly in accordance with law. 8. It is made clear that if any credible evidence is collected and on the basis of same, the charge sheet is filed, appropriate orders may be passed by the court concerned. 9. Therefore, the writ petition is disposed of in terms of interim order dated 11.07.2025. August 25, 2025 Virendra CRLP No. 6211 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench