SEEMA BANO v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/6880/2025 · 2025-07-30
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154538 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154538 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44027-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6880 of 2025 Petitioner :- Seema Bano Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Rajiv Raman Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Narendra Gupta, Advocate, who has filed power on behalf of the respondent nos. 6 to 11. 2. This petition has been filed with the following main prayer:-
"Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 5 to take all legal and necessary action according to law against opposite parties no.6 to 11 in pursuance of the First Information Report has been lodged by the petitioner on 13.05.2025 at police station Mahila Thana, District Sitapur which is registered as case crime no.0040 of 2025 under section 498-A, 376 I.P.C. and 3/4 Dowry Prohibition Act as contained in Annexure No.-1 to this Writ Petition."
3. It has been submitted by learned counsel for the petitioner that the petitioner had lodged the F.I.R. on 13.05.2025 but the Police had not made any attempt to arrest the accused persons and after recording of the statement of the victim under Section 180 of the B.N.S.S., she was sent for medical examination before the District Hospital Sitapur. Thereafter, the Magistrate has also recorded the statement under Section 183 of the B.N.S.S. When the petitioner approached the concerned Police Station, Circle Officer, City, Sitapur, who is also the Investigating Officer, she was harassed by the Police Authorities and also threatened by the accused persons. 4. Learned A.G.A. has produced before this Court
instructions sent by the Police Station Mahila Thana Sitapur, wherein it has been stated that medico-legal examination certificate of the petitioner did not give any definite opinion with regard to the sexual assault. Section 376 of the I.P.C. and 3/4 of the Dowry Prohibition Act, have been deleted and charge-sheet has been submitted to the Supervisory Authority on 04.07.2025 against Arkaan @ Arkanulrahman S/o Atikurrahman. 5. Instructions are kept on record. 6. This petition is disposed of with liberty to the petitioner to approach the appropriate Forum, in case any grievance is still left to be redressed.
Order Date :- 30.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench