Citation : 2017 Latest Caselaw 2189 ALL
Judgement Date : 11 July, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 15174 of 2017 Petitioner :- Vimla Respondent :- State Of U.P. Thru. Prin. Secy. Thru. Home Deptt. U.P & Ors. Counsel for Petitioner :- Durgesh Nandini,Aviral Singh Counsel for Respondent :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Aviral Singh, learned counsel for the petitioner, Sri R.K.Dwivedi, learned counsel for the State and perused the record.
Sri Aviral Singh, learned counsel for the petitioner had made a mention in the morning in the Court stating that the matter is urgent as the petitioner is an acid attack victim. She has received injuries on 1.7.2017 for which she lodged the FIR against unknown persons. He submits that she was admitted in K.G.M.U. on 1.7.2017 at 10.20 p.m. and thereafter she was forcibly discharged on 7.7.2017 at 10 a.m. by the hospital though the injuries which was received by her in the acid attack was not cured and she was not in a fit condition, hence taking into account the said fact the Court may be pleased to summon the matter from the Registry of this Court which was filed there today by him and be taken up today.
Taking into account the aforesaid fact, the Court has called upon the matter from the Registry of this Court and the same has been placed today after recess.
Learned counsel for the petitioner further submits that the petitioner has been the victim of acid attack. He submits that earlier several acid attack were made on her for which she has lodged 8 F.I.Rs. and with respect to the incident dated 1.7.2017 an FIR has been lodged at P.S. Aliganj, Lucknow copy of which has been served to him today in the Court, hence he could not annex the said FIR. He prays that some time may be allowed to him to file the same by means of filing supplementary affidavit.
Learned AGA seeks time to obtain instructions by the next date fixed in the matter.
Looking to the condition of the victim and her photograph annexed as annexure no.2 to the petition which appears to be very serious and the fact that K.G.M.U. hospital has ousted her without she being proper and in a fit condition, the Chief Medical Superintendent, K.G.M.U. is directed to admit the petitioner today and also provide adequate medical facilities to her till further orders of this Court as she is a victim of acid attack
Sri R.K.Dwivedi, learned AGA is directed to communicate this order to the C.M.S., K.G.M.U., Lucknow.
It has been further pointed out that the petitioner has been a victim of acid attack on several occasions and she has also been provided adequate security by the administration by providing her two gunners, who were on duty when the present incident has taken place on 1.7.2017.
It is very strange that two gunners, who have been provided to the victim for her security have also failed to save her from unknown persons who have thrown acid on her on 1.7.2017.
The District Magistrate/S.S.P. Lucknow are directed to appear in person on the next date fixed and file their personal affidavit explaining as to under what circumstances, the two gunners, who were provided to the victim for her security have failed to save her from the unknown miscreants, who have thrown acid on her and further to explain as to what steps have been taken by the police to identify the said unknown miscreants and for their arrest.
Looking to the condition of the victim which is apparent from her photo which has been annexed as annexure-2 to the petition at page 15, the Director General (Health) U.P., Lucknow is also directed to file his personal affidavit stating therein as to under what circumstances the victim was ousted from K.G.M.U. without she being in a fit condition.
The D.M.,Lucknow shall ensure that the victim is admitted in the K.G.M.U. today and medical facilities be provided to her with immediate effect.
Put up on 14.7.2017 in the additional cause list.
Certified copy of the order may be supplied to the learned counsel for the petitioner on payment of usual charge today and a copy of the order may also be provided to the learned AGA for necessary compliance.
(Rekha Dikshit,J.) (Ramesh Sinha,J.)
Order Date :- 11.7.2017
IA
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