Allahabad High Court
Sangeeta vs State Of U.P. Thru. Prin. Secy. ... on 1 August, 2019
Bench: Munishwar Nath Bhandari, Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 19252 of 2019
Petitioner :- Sangeeta
Respondent :- State Of U.P. Thru. Prin. Secy. Home & Ors.
Counsel for Petitioner :- Amit Kumar Awasthi,Anand Kumar Shukla
Counsel for Respondent :- G.A.
Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Vikas Kunvar Srivastav,J.
1. The writ petition has been filed to seek fair investigation in the matter.
2. During pendency of the writ petition, chargesheet has been filed for the offence under Sections 504, 506 I.P.C. and not under section 376 I.P.C.
The aforesaid has been questioned by learned counsel for the petitioner not only in reference to the allegation in the F.I.R. but the statement of the victim recorded under Section 164 Cr.P.C. She has made allegation of rape against the accused. The age of the prosecutrix is only 17 years and otherwise reference of medical report has also been given.
3. The medical report shows five injuries. The aforesaid injuries support the statement of the prosecutrix which is to be relied to draw conclusions but taking an exception, her statement and the allegations in the F.I.R. have been ignored and thereby the chargesheet has not been filed for the offence under Section 376 I.P.C.
4. In our opinion, the matter needs further investigation which is permissible in view of catena of judgements of the Apex Court where such directions have been given even after filing of the chargesheet. It is for the ends of justice and required in the matter where serious allegations have been made. The allegation herein is about commission of offence of rape on a minor and it has been ignored in reference to the statements of the other family members having interest otherwise.
5. Accordingly, this petition is disposed of with a direction to the competent authority to nominate an independent investigating officer not below the rank of Dy. Superintendent of Police and in the sequence of aforesaid, the court below would not proceed in the matter till the conclusions are drawn pursuant to the directions of this court.
6. Superintendent of Police, Lakhimpur Kheri is directed to monitor the investigation and for that he will take care of the judgements of the Apex Court where more credence has been given to the statement of the victim. The investigation would be concluded at the earliest and if possible, within a period of one month from the date of receipt of this order and nomination of the new investigating officer.
The court below would proceed in the matter subsequent to the conclusions of the investigation pursuant to the direction of this court.
Order Date :- 1.8.2019
Shukla
