Bharat Tiwari and Others v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. U.P. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6989 of 2023 Petitioner :- Bharat Tiwari And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Vinay Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.

¶2This Court had earlier passed an order on 06.09.2023 which is being quoted hereinbelow:- "1. It has been informed that Advocates are abstaining from judicial work.

¶2Learned A.G.A. is present.

¶3We have perused the record.

¶4This petition has been filed with the following main prayer:- "issue a writ, order or direction in the nature of certiorari to quashing the impugned First Information Report lodged by opposite party No.4 against the petitioners which is registered at Police Station Baba Bazar, District Ayodhya as F.I.R. No.0096/2023, under Sections 376, 377, 506 I.P.C. as containing in Annexure No.1 to this writ petition."

¶5Learned A.G.A. has produced before this Court instructions dated

05.09.2023 sent by Sub Inspector, Police Station Baba Bazaar, Ayodhya, wherein it has been stated that medico-legal examination of the victim was proposed to be held, but she refused to get herself examined. From the statement of the victim recorded under Section 164 Cr.P.C., it is evident that incident took place in Bakkarwala, J.J. Colony, P.S. Mundka, New Delhi, as a result the Investigating Officer has submitted a request to the Senior Superintendent of Police Ayodhya to get the investigation/ help from the Police Station Mundka, New Delhi.

¶6Instructions are taken on record.

¶7List this case on 27.09.2023."

¶3Learned A.G.A. has produced before this Court the instructions by Sub Inspector Kunwar Singh, Police Station Baba Bazar, District Ayodhya wherein it has been stated that Senior Superintendent of Police, Ayodhya by his order dated

26.09.2023 has transferred the investigation to New Delhi. A copy of the letter dated 26.09.2023 sent by the Senior Superintendent of Police, Ayodhya to the Police Commissioner

(West) New Delhi has been enclosed to the said instructions.

¶4Instructions are kept on record.

¶5The petition has become infructuous and is dismissed as such. Order Date :- 12.10.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench