Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22762 of 2018 Petitioner :- Nidhi Kanaujiya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amrendra Nath Rai,Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.N. Rai, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer for issuing a direction to respondent nos. 3 and 4 to get the petitioner medical examination conducted and her statement under section 164 Cr.P.C. recorded in District Bareilly itself.
Learned counsel for the petitioner submits that the petitioner is a rape victim. She lodged an F.I.R. against respondent no. 5 but due to some communal tension, she is apprehending danger to her life on account of which she is not going to district Muzaffar Nagar for getting her statement under section 164 Cr.P.C. recorded and to get her medical examination conducted, hence she approached this Court by filing the present petition seeking permission to appear before any other Court at Bareilly for the same.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, we direct the petitioner to appear before the Court below at Bareilly to give her statement under section 164 Cr.P.C. and further direct the authorities concerned to get her medical examination done in District Bareilly.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018 Shiraz