JANU PASI @ JANU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/6387/2025 · 2025-07-21
Sangeeta Chandra, Subhash Vidyarthi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 151717 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151717 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41642-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6387 of 2025 Petitioner :- Janu Pasi @ Janu Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Suyesh Pradhan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.
1. Heard the learned counsel for the petitioner and the learned A.G.A. for the State. 2. Present petition has been filed with the following prayer:-
"(i) to issue a writ, order or direction in the nature of certiorari for quashing the impugned first information report dated 07/07/2025 registered as F.I.R No:- 179/2025, under sections: 87, 137 (2) B.N.S at Police Station Rampur Kala, District:- Sitapur, Uttar Pradesh, in connection to the present petitioner (as contained in Annexure- '1' to this writ petition). (ii) to issue a writ, order or direction in the nature of mandamus commanding upon the respondents not to unnecessarily harass the petitioner in pursuance to impugned first information report dated 07/07/2025 registered as F.I.R No:- 179/2025, under sections:- 87, 137 (2) B.N.S at Police Station:- Rampur Kala, District:-Sitapur, Uttar Pradesh."
3. The learned counsel for the petitioner states that the petitioner has been falsely implicated and he has referred to an affidavit submitted by one Sunita Devi w/o Umesh Kumar resident of Village- Firozpur, District- Sitapur wherein it has been stated that the deponent's niece Shivani used to reside with her maternal grand-mother Champa Devi w/o Ramesh Pasi at their home situated at Village- Daljeetpur, Bilhari, District- Sitapur and because of ill treatment meted out to her, she ran away from her maternal grand-mother's home and is living with Sunita Devi since 06.07.2025 at her house. Till date, the victim has not been produced by Sunita Devi before the Investigating Officer. 4. Therefore, the petition is disposed of with a direction to the
said Sunita Devi, the deponent of the affidavit filed as Annexure No.2 to the petition, to approach the Station House Officer of Police Station-Rampur Kala, District- Sitapur on 25.07.2025 at 02:00 PM alongwith the alleged victim. The Station House Officer concerned shall ensure a medical examination of the victim and record her statement under Section 180 BNSS and also get her statement recorded before the Magistrate concerned under Section 183 BNSS. 5.
In case the victim is found to be minor as alleged in the impugned FIR and she does not wish to live with her matrimonial grand-mother, her willingness be ascertained by the Magistrate concerned and if she is happy living with Sunita Devi w/o Umesh Kumar resident of Village- Firozpur, District- Sitapur, she shall be allowed to stay with Sunita Devi as aforesaid. 6. In case any ill-treatment is made out to the victim by Sunita Devi, then the matter shall be referred to the Child Welfare Committee of District- Sitapur who shall pass an appropriate
order in her case.
7. In case the petitioner is able to persuade Sunita Devi to produce the alleged victim before the SHO concerned on 25.07.2025 as directed by this Court, the petitioner shall not be arrested in pursuance of the impugned FIR. . (Subhash Vidyarthi,J.) (Sangeeta Chandra,J.)
Order Date :- 21.7.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench