Citation : 2022 Latest Caselaw 6388 ALL
Judgement Date : 8 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4628 of 2022 Petitioner :- Mohd. Arif Respondent :- State Of U.P. Thru. Secy. Home And Others Counsel for Petitioner :- Seraj Ahmad Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J.
Hon'ble Shekhar Kumar Yadav,J.
Heard.
By means of this petition, the petitioner has sought quashing of F.I.R. dated 27.05.2022 bearing Case Crime No. 268 of 2022, under Section 366 IPC, Police Station Bilgram, District Hardoi.
The contention of learned counsel for the petitioner is that fair and prompt investigation is not taking place with respect to F.I.R. mentioned in Annexure No. 1. The statement of the girl has not been recorded under Section 164 Cr.P.C., which is the minimum that was required.
Considering the facts of the case, let the petitioner approach the Superintendent of Police, Hardoi, who shall look into the matter and shall ensure that fair and prompt investigation is held in accordance with law. If the petitioner is still aggrieved, he can approach the jurisdictional at Magistrate concerned in the light of judgment of Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and others reported in 2008 (2) SCC 409.
In view of the above, the petition is disposed of.
(Shekhar Kumar Yadav, J.) (Rajan Roy, J.)
Order Date :- 8.7.2022
Virendra
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