Ramasare v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Order Date :- 17.10.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench

Court No. - 12 Case :- CRIMINAL REVISION No. - 1165 of 2023 Revisionist :- Ramasare Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Suresh Chandra Srivastava,Savita Tiwari,Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the revisionist and learned A.G.A. for the State. 2. The present criminal revision is filed with a prayer to quash and set aside the impugned order dated 14.8.2023 passed by the Special Judge, POCSO, Lakhimpur Kheri in Crl. Misc. Case No.96/2023, in Application U/S 156(3) Cr.P.C., "Ramasare Vs. Kaushal Kishor & Anr.". 3. Learned counsel for the revisionist has submitted that on 26.6.2023 at about 4:00 p.m. his grand daughter, aged about 12 years was cutting grass for cattle, at the same time, accused/private respondent, Kaushal Kishore reached on the spot and caught her and on gun point warning was given for keeping mum, thereafter, she was dragged in the sugarcane field and rape was committed with her. He next submitted that after brutal rape, she was in the pool of blood and anyhow came to the house and narrated the incident to her family members, thereafter, revisionist went to the house of the accused/private respondent for making complaint then the accused and his father started quarreling and given threat to go away otherwise, he will eliminate them. He next submitted that revisionist went to the Police Station, Bheera and given written complaint but no action was taken by the concerned police ofÏcials, thereafter, issue was raised in Panchayat but the matter was not resolved. He lastly submitted that application was also given to Hon'ble Chief Minister, Government of U.P. & Director General of Police, U.P., Inspector General, U.P., Superintendent of Police, Lakhimpur Kheri and Circle OfÏcer, Police Station Bheera, District Kheri, through registered post. 4. List this case on 19.10.2023 at 11:30 A.M. 5. In the meantime, learned A.G.A. will seek instruction that whether the informant visited Police Station on 24.6.2023 alongwith the victim, who was in the pool of blood. 6. The Superintendent of Police, Lakhimpur Kheri is directed to submit a report in this regard, by the next date of listing.