Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5025 of 2018 Petitioner :- Anita Devi Respondent :- State Of U.P. And Another Counsel for Petitioner :- Atul Kumar Shahi Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard Mr. Atul Shahi, learned counsel for the petitioner and Mr. Saghir Ahmad, the learned A.G.A. for the State-respondents.
By means of the present writ petition, the petitioner has prayed for the following reliefs:-
(i) issue an appropriate writ, order or direction and direct the respondent no. 02 to record the second statement of prosecutrix under section 164 Cr. P. C. in connection with the F.I.R. lodged by the petitioner bearing Case Crime No. 08 of 2018 under sections 376, 504, 506 I.P.C. and under sections 3/4 of Prevention of Children from Sexual Offences Act, 2012, P.S. Jhangha, District Gorakhpur.
(ii) to issue any other and further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iii) to award the cost of writ petition.
The statement of the petitioner was recorded under section 164 Cr. P. C. on 18.1.2018.
From the record, we find that the petitioner had submitted another application dated 26.1.2018 before the Special Judge, POCSO Court No. 9 for again recording her statement under section 164 Cr. P. C. that was rejected, vide order dated 27.1.2018 (Anexure 4 to the writ petition). This order dated 27.1.2018 has not been challenged in the writ petition. As such, the prayer made in the writ petition is wholly misconceived.
Accordingly, the writ petition is dismissed.
Order Date :- 28.2.2018 HSM