Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 7661 of 2018 Petitioner :- Rajendra Prasad Nishad Respondent :- State Of U.P. And 6 Ors. Counsel for Petitioner :- Banshi Dhar Mishra Counsel for Respondent :- G.A.
Hon'ble Ved Prakash Vaish,J.
Sri B.D. Misra, learned counsel for the petitioner and Sri D.K.Srivasava, learned AGA for the State are present.
This petition under Article 227 of the Constitution of India has been filed with the prayer to issue a direction to Additional Chief Judicial Magistrate II, Allahabad to again record the statement of the victim under section 164 Cr.P.C. in Case crime no. 535 of 2018 under sections 363, 366 IPC, Police Station Meja, District Allahabad.
Learned counsel for the petitioner submits that statement of the victim under section 164 Cr.P.C. was recorded on 5.9.2018 and on the basis of said statement, custody of the victim was handed over to her parents. He also submits that thereafter, the applicant moved an application dated 26.9.2018 to Senior Superintendent of Police, Allahabad with the request to get the statement of the victim recorded again.
At this stage, learned counsel for the petitioner seeks permission to move an appropriate application before the concerned court.
As prayed by learned counsel for the petitioner, the present petition is dismissed as withdrawn. However, the petitioner is at liberty to move an appropriate application before the concerned court and the same will be decided by the court in accordance with law.
(Ved Prakash Vaish, J.) Order Date :- 28.11.2018 SU.