Anjali Yadav v. The State Of U.P Thru Secy., Home Deptt., Lucknow And Ors.

Court No. - 1

Case :- MISC. BENCH No. - 10918 of 2014

Petitioner :- Anjali Yadav Respondent :- The State Of U.P Thru Secy., Home Deptt., Lucknow And Ors. Counsel for Petitioner :- Anjali Yadav (In-Person) Counsel for Respondent :- Govt. Advocate

Hon'ble Imtiyaz Murtaza,J. Hon'ble Ritu Raj Awasthi,J.

Heard the petitioner, who appears in person.

By means of this petition, the petitioner has prayed for a writ of mandamus to hand over the investigations of case crime No. 160/2014, under Sections 376, 506 and 120-B IPC, P.S. Hazratganj, District Lucknow to Central Burea of Investigation.

The submission of the petitioner is that her statement has not been correctly recorded. The accused are exercising undue influence over the police, who is out to save them. She is facing constant threats from the accused.

Learned AGA informs that after investigation, charge-sheet has been submitted against one of the accused, who has obtained bail from the court.

The assertion of the petitioner is that the police has downgraded the offence and instead of Section 376 IPC, charge-sheet has been submitted under Sections 494 and 506 IPC against the accused.

Having considered the matter, we dispose of this petition with the direction that during the course of statement, it will be open for the petitioner to unfold the prosecution case before the trial court and in case the trial court finds that there are also some other persons/offenders, it will summon them under Section 319 Cr.P.C and put to trial.

Order Date :- 19.2.2015 LN/-