PROSECUTRIX/VICTIM X OF CASE CRIME NO.-257/2022 v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND OTHERS
CRLP/2044/2024 · 2025-10-31
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178871 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2044 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out. 2. None appeared on behalf of the petitioner to press this petition nor any request for adjournment or pass over is made, whereas learned A.G.A. for the State is present. 3. This Court had passed the following order on 28.03.2024:-
"Heard. Present petition has been filed with the following prayer:-
"Issue a writ, order or direction in the nature of mandamus commanding the opposite parties particularly the opposite party no. 2 & 3 to take all legal and necessary actions according to law against the accused person in pursuance of first information report, registered as F.I.R./Case Crime No. 257 of 2022, under Sections 376, 363, 366, 343, 120-B, 354 IPC And 3/4 & 7/8 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Sangipur, District- Pratapgarh, against the accused person, and to secure the life and liberty of the petitioner and his family members from the clutches of the accused persons." Learned AGA on the basis of instructions submitted that chargesheet has been filed against one of the accused, who is a minor and name of four accused persons has been dropped during investigation on the basis of statements of the victim recorded Versus Counsel for Petitioner(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Respondent(s) : G.A. Prosecutrix/Victim X Of Case Crime No.-257/2022 .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Others .....Respondent(s)
under Sections 161 and 164 CrPC. At this stage learned counsel for the petitioner has invited our attention to the statement of the victim, who herself is a minor, recorded under Section 164 CrPC. Without expressing any opinion at this stage, suffice it to say that this is a case where Superintendent of Police, Pratapgarh should himself look into the matter, whether the names of Kuldeep Saroj, Satyam Saroj could have been dropped, in view of the statement of the victim recorded under Section 164 CrPC, whether the names of other accused could have been dropped. He should file his own affidavit in the matter. Put up on 30.04.2024 as fresh. "
4.
Learned A.G.A., on the basis of personal affidavit of Superintendent of Police, Pratapgarh, submits that location of Kuldeep Saroj and Satyam Saroj were not found together anytime between 12.09.2022 to 23.09.2022 and second accused, namely, Satyam Saroj was present in Navneet Kunwar Public School, Varanasi, which has been stated by the Principal of the institution, namely, Sri Diwakar Rai and the accused Rajesh Saroj was in Allahabad alongwith his counsel colleagues, thus, no charge has been found against them, therefore, this petition is misconceived. 5. Dismissed accordingly. October 31, 2025 Saurabh CRLP No. 2044 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench