Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10543 of 2018 Petitioner :- Mamta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tahir Husain,Md. Aman Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Tahir Husain, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the material brought on record.
This petition has been filed by the petitioner with a prayer to quash the respondent nos. 2 and 3 to arrest the respondent no.4 in pursuance of tee FIR dated 9.11.2017 in Case Crime No.707 of 2017, under Sections 452, 376, 506 I.P.C.,Police Station Bisrakh, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the petitioner is victim of a rape case and she lodged an FIR against the respondent no.4, namely, Devinder Singh Yadav, who is stated to be an influential person, till date police is not progressing with the investigation and also not arresting the respondent no.4. He further submits that statement of the victim has been recorded under Section 164 Cr.P.C. in which she has referred to the earlier incident which took place in the year 2008 and it is stated that husband of petitioner was abducted, hence, she turned hostile in the previous case and she has come up before this Court with a prayer to arrest the respondent no.4. It has been further pointed out that some of the relatives of respondent no.4 are I.A.S. and I.P.S. hence, she is not able to get justice.
Learned AGA has pointed out that it appears that petitioner's husband was working as a domestic helper in the house of respondent no.4 and previously also similar incident had taken place, but no FIR was lodged by respondent no.4 and the present FIR has been lodged on the basis of an application under Section 156(3) Cr.P.C.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of six weeks from the date of production of a certified copy of this order.
It is further directed that the S.P., Gautam Buddh Nagar shall supervise the investigation and ensure that the same is completed speedly without any undue delay.
With the above directions this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 25.4.2018/NS