Goldee Yadav Thru. Her Husband Sahil Sonker and Others v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrtt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6922 of 2023 Petitioner :- Goldee Yadav Thru. Her Husband Sahil Sonker And Others Respondent :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrtt. Lko. And Others Counsel for Petitioner :- Kunwar Shankar Pratap Singh,Ajay Kumar Shukla,Ram Sajiwan Yadav,Shiv Shanker Sen Counsel for Respondent :- G.A.,Amit Kumar,Avdhesh Kumar Singh Yadav Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Short counter affidavit filed today by the learned A.G.A. is taken on record. High School Certificate of the petitioner no. 1 has been found to be genuine. It has also been stated that the date of birth of the petitioner no. 1 has been found as 27.5.2003. The recording of the statement under Section 161 and 164 Cr.P.C. of the victim could not be took place although the Investigating Officer has tried to contact the petitioners and also their counsel on telephone but they have not responded to such request. The writ petition is disposed of with a direction to the petitioner no. 2 to produce the petitioner no. 1 before the Investigating Officer on 18.11.2023 in between 10:00 a.m. to 1:00 p.m. to enable him to record the statement of the petitioner no. 1 and also enable him to produce the petitioner no. 1 before the competent trial court for recording of her statement under Section 164 Cr.P.C. Till recording the statement under Section 164 Cr.P.C. of the petitioner no. 1, the petitioner no. 2 and other petitioners shall not be arrested by the Investigating Officer. Order Date :- 16.11.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench