Smt. Uma Kumar vs The State Of U.P Thru Principal ...
2012 Latest Caselaw 3580 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- MISC. BENCH No. - 6854 of 2012
 

 
Petitioner :- Smt. Uma Kumari
 
Respondent :- The State Of U.P Thru Principal Secy., Home Lucknow And Ors.
 
Petitioner Counsel :- R.A Khan
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Abdul Mateen,J.

Hon'ble Devendra Kumar Upadhyaya,J.

This petition has been preferred by the petitioner, who happens to be the complainant of Case Crime No. 376/2012, under Sections 376, 323, 504, 506, I.P.C. and 3 (1) XII S.C./S.T. Act, Police Station- Fakhrpur, District-Bahraich with a prayer that Superintendent of Police, Bahraich and Principal Secretary Home, U.P. Lucknow be directed to transfer the investigation of the aforesaid case crime number from Police Station Fakharpur, District-Bahraich to any other police agency due to certain reasons mentioned in the writ petition as well in the representation (Annexure 3) made by the petitioner to the  Superintendent of Police, Bahraich.

 It has also been pleaded in paragraph 5 of the writ petition that  the petitioner has  even approached  the Additional Chief Judicial Magistrate, Bahraich on 24.07.2012 by moving an application vide annexure-2 with regard to redressal of aforesaid grievance but no order has been passed by him.

Accused are roaming freely, neither the Investigating Officer, concerned, has dared to record the statement of petitioner, who happens to be the victim of the aforesaid case, nor her medical examination was conducted. 

It has been pleaded that since the police authorities are in collusion with  accused persons, who are politically connected and have got criminal antecedents, therefore, a direction be issued to the Superintendent of Police, Bahraich to look into the matter and proceed in accordance with law.

In the above circumstances, Superintendent of Police, Bahraich is directed to look into the matter and proceed in accordance with law.  He shall get the statement of the victim recorded under section 164, Cr.P.C. within ten days.  He shall also get the medical examination of the victim done within the said period.

It is further directed that the Superintendent of Police, Bahraich shall ensure that the investigation is done in its correct perspective and rightful manner and see that victim is not harassed by the accused persons in any manner.

With the aforesaid observations/directions the writ petition is disposed of finally.

Order Date :- 17.8.2012

Adhir