Brajesh Kumari and Others v. State of U.P. Thru. Secy., Home, Lucknow and Others

Court No. -10 Case :-CRIMINAL MISC. WRIT PETITION No. -8964 of 2023 Petitioner :-Brajesh Kumari And Others Respondent :-State Of U.P. Thru. Secy., Home, Lucknow And Others Counsel for Petitioner :-Pramod Kumar Singh,Anshuman Singh Rathore Counsel for Respondent :-G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. This petition has been filed praying the following reliefs:-

(a) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information dated

10.11.2023, vide case crime no. 209 of 2023 under Section 323, 504, 326 A, 336, 506 IP.C., lodged at Police Station-Musafirkhana, District-Amethi as contained in Annexure-1 to this writ petition.

(b) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no 3 not to harass, detain or prosecute the petitioner in pursuance of the impugned F.I.R. This Court has perused the instructions sent by the Sub Inspector Rajesh Kumar Dixit, Police Station-Musafirkhana, District-Amethi in pursuance of our order dated 23.11.2023. From the instructions it has come out that victim is 18 years old unmarried female. There is no male member in the house. She lives with her mother and grand mother. The accused were cutting trees for which the victim had tried to stop them. They beat her up. They also beat her mother and her grand mother and her hair was pulled out of her scalp to such an extent that her face has become disfigured. It would be difficult for such a person to live without facing public ridicule. The Court finds no ground to show interference. The writ petition is, accordingly, dismissed. Order Date :- 8.12.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench