Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24693 of 2017 Petitioner :- Wasim Fatima Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Shashank Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
An affidavit of compliance has been filed today by Senior Superintendent of Police, Allahabad, Sri Krishan Kumar Kulhary through learned A.G.A. for the State which is taken on record.
Heard Sri Shashank Mishra, learned counsel for the petitioner, Sri Neeraj Tripathi, Additional Advocate General assisted by Sri A.K. Sand and Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent nos.3 and 4 to conduct fair and proper investigation in pursuance of F.I.R. dated 01.04.2017 registered at case Crime No. 341/2017, under Sections 363/366 I.P.C. and Section 8 POCSO Act, Police Station Dhoomanganj, District Allahabad.
Learned A.G.A. for the State has submitted that the report of the accused persons of Narco Test has been received and no fruitful result has been arrived regarding the traceability of the victim girl. The police has tried to his best efforts to recover the victim girl but she could not be traced out. Further the charge-sheet has been submitted against the accused persons under Sections 363, 366-A, 376(d), 120-B I.P.C. and 5/6 of POCSO Act before the Competent Court.
In our opinion as the victim has not yet been recovered, hence the charge-sheet which has been filed for the offences in question does not appear to be correct. It has been further informed that the case has been committed to the Court of Sessions and the trial is sub-judice before the Additional Sessions Judge, Court No. 10.
As the trial of the case is pending, we direct the trial Court to examine the evidence collected during the course of investigation and other material on record etc. and further frame the charges for the appropriate offences which appears from the material available on record taking into account the victim girl, who was minor has not recovered till date, against the accused persons involved in the case or complicity of any other person disclosed during trial and proceed with the trial and conclude the trial preferably within eight months from the date of production of a certified copy of this order before him as all the accused persons are said to be in jail.
Learned counsel for the petitioner has further pointed out that the petitioner who is the informant and mother of the victim and sole eye witness of the present case therefore she has apprehend danger to her life, hence she may be provided security.
The Senior Superintendent of Police, Allahabad who is present in the Court shall ensure adequate security be provided to the petitioner at the place where she resides as well as when she goes to the trial Court concerned for the purpose of giving evidence etc.
With the aforesaid observations, the writ petition stands deposed of.
The presence of the officials who are present today are hereby dispensed with.
(Krishna Pratap Singh,J.) (Ramesh Sinha,J.) Order Date :- 28.2.2018 A.K.Verma