Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20111 of 2019 Petitioner :- Rubi Srivas Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Azad Khan learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for directing the Chief Judicial Magistrate, Mahoba to record statement of the victim/petitioner under Section 164 Cr.P.C. in case crime no. 507 of 2018, under Section 376-D, 323, 120-B IPC and Section 4 of POCSO Act, P.S. Mahoba, district Mahoba once again as observed in the order dated 01.07.2019 passed by the Chief Judicial Magistrate, Mahoba in the aforesaid case.
Learned counsel for the petitioner has submitted that the petitioner is the informant of the case and she has come to this Court for seeking a direction that her statement under Section 164 Cr.P.C. in the aforesaid case may be recorded once again in view of the observations made in the order dated 01.07.2019 passed by the Chief Judicial Magistrate, Mahoba.
Learned A.G.A. has opposed the prayer as made above.
After having examined the submissions advanced by learned counsel for the parties and perused the entire record, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for grant of any relief sought, to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Anand