Neutral Citation No. - 2025:AHC:141211-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18039 of 2025 Petitioner :- Vijay Bahadur Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. 1. Heard counsel for the petitioner and Additional Government Advocate representing respondent no. 1 to 4. 2. The present petition has been filed praying for the following relief :- "(i) issue an order or a direction or a writ in the nature of mandamus commanding the State-respondents herein to conduct the Medical Examination and made a record the fair statement under Section 183 of The Bharatiya Nagark Suraksha Sanhita 2023 of the minor daughter of the petitioner herein as per Law and prescribe guidelines and ensure fair and and impartial investigation and conclude the Investigation according with law in respect of the First Information Report dated 27.07.2025 registered as the Case Crime No 0309 of 2025, under Sections 61(2), 137(2), 351(2) of The Bhartiya Nyay Sanhita, 2023 at the Police Station Rasoolabad, District Kanpur Dehat (Annexure No.02 of the Whit Petition). (ii) A wit, order or direction in the nature of mandamus commanding to the Respondent No. 02 to 04 herein to ensure the presence of the Respondent No. 05 & 06 herein and submit the Police Report under Sections 193 of The Bharatiya Nagarik Suraksha Sanhita, 2023" 3. The facts of the case in short are that the First Information Report (in short 'FIR') was registered at the instance of the petitioner under Sections 61(2), 137(2) and 351(2) of BNS alleging that respondent Nos. 5 and 6 had kidnapped the daughter of the first informant i.e. petitioner. The girl was recovered. The present petition has been filed on the ground that the Police has not fairly investigated the case. 4. Additional Government Advocate has obtained instructions in the matter. 5. Perusal of the case discloses that the girl was recovered on 28.7.2025 by the Police and was identified by the first informant. At the time of her recovery, the girl was not in possession of any person and was not in the detention of the accused named in the present case. Subsequently, the statement of girl was recorded under Section 183 BNSS, in which the girl stated that she had left her house voluntarily and gone to the maternal home of her aunt and the accused in this case had escorted her to her aunt's home after the girl had called the accused on phone. It has been specifically stated in her statement recorded under Section 180 BNSS that the accused met the girl outside her village after the girl left her house. In the statement recorded under Section 183 BNSS, the girl has supported her statement given under Section 180 BNSS and had denied that any wrong was done to her implying that no physical (sexual) offence was committed with her. Subsequently, the girl was medically examined and no external marks or injuries were found. The medical report, which is part of the case diary, shows that the girl had refused internal examination on the ground that no wrong had been done. The medical report is signed by the girl as well as the mother of the girl. 6. Apparently, from the evidence on record, it appears that no offence is made out either under The Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') or the BNS. However, the Police has already filed a charge-sheet under Section 137(2) BNS against the accused. The charge-sheet contains the name of the informant, the girl and different Police Officers as witnesses to prove the prosecution case. We make no observation on the credit of the witnesses. However, it surprises as to on what evidence, the charge-sheet under Section 137(2) BNS has been filed by the concerned Investigating Officer, when the girl in her statement under Section 183 has not supported the prosecution case. The first informant and the police officers are not witness to any detention or overt act of the accused which could constitute the offence under Section 137(2). The medical report shows no external injuries and no internal examination of girl was done. However, the trial court or the concerned Magistrate shall not be bound by our observations while taking cognizance on the charge- sheet filed by the concerned Investigating Officer, and the said Court shall form its opinion independently after due application of mind. 7. We make the aforesaid observation only to note that the present petition which has been filed alleging that the Police was not fairly investigating the case and the provision of POCSO Act were violated, appears to be unfounded. 8. In view of above, the present writ petition is dismissed. Order Date :- 19.8.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad