Goge Alias Shakil Thru. Father ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 22799 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55872-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6561 of 2023
 
Petitioner :- Goge Alias Shakil Thru. Father Raha Matulla
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others
 
Counsel for Petitioner :- Ashish Raman Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned Counsel for the petitioner and learned A.G.A. for the State-respondents.

This petition has been filed with the following main prayer:-

"Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 3 to conduct fair and proper investigation in the impugned FIR dated 09.07.2023 bearing Case Crime No. 0397 of 2023 under Sections 354, 504 & 506 IPC registered at Police Station - Motipur, District - Bahraich, as also, issuance of a writ in the nature of Mandamus commanding the opposite party no. 2 to not arrest the petitioner in pursuance of the impugned FIR."

It has been submitted by learned Counsel for the petitioner that the petitioner had earlier approached this Court challenging the FIR bearing Case Crime No. 0397 of 2023 under Section 354, 504 & 506 IPC wherein this Court had granted the benefit of judgment rendered in Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, he being a minor.

After such protection was given by the Court, statement of the victim under Section 164 Cr.P.C. was recorded and Section 376 IPC and Section 3/4 of the POCSO Act has also been added. It has been submitted that the Police are not conducting a fair investigation, hence this petition has been filed with the aforesaid prayers.

This petition is disposed of with a direction to the Investigating Officer to strictly follow the requirements of Paragraph 107 of the Police Regulations.

Order Date :- 22.8.2023/Lokesh Kumar

[Narendra Kumar Johari, J.] [Sangeeta Chandra, J.]