Allahabad High Court High Court

Priyanka Devi @ Monu vs State Of U.P.,Thru. Prin. … on 5 August, 2010

Allahabad High Court
Priyanka Devi @ Monu vs State Of U.P.,Thru. Prin. … on 5 August, 2010
                                                                          Court No. 20

                        Writ Petition No. 7460 (M/B) of 2010

Priyanka Devi alias Monu                                                 Petitioner
                                          Vs
State of U.P and others                                                  Opp. Parties

Hon'ble Raj Mani Chauhan, J.

Hon’ble Virendra Singh, J.

This petition under Article 226 of the Constitution of India has been filed
by the petitioner (prosecutrix) with the following prayers:-

1. issue a writ, order or direction in the nature of Mandamus
commanding the opposite parties and directing specially
Opposite party No.2 to produce the prosecutrix before
learned Chief Judicial Magistrate Lucknow to record her
statement under Section in 164 Cr.P.C. in Case Crime No.
268/2010, under Sections 363, 366 I.P.C. and 3 (1) (X) SC/ST
Act, Police Station Maholi, District Sitapur in the interest of
justice.

2. issue a writ, order or direction in the nature of Mandamus
commanding the opposite parties and directing specially
opposite party Nos. 2 to 4 not to harass the petitioner and
prosecutrix till the statement of prosecutrix is recorded under
Section 164 Cr.P.C. in the court concerned.

Heard learned counsel for the petitioner and learned A.G.A as well as
perused the documents available on record.

Keeping in view the facts of the case, the writ petition is being disposed of
finally with the observation that the petitioner may approach opposite party No.2
i.e. Superintendent of Police, Sitapur and raise her grievance before him who will
look into the matter.

05.08.2010
Renu/-