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2015 Supreme(All) 3368

SUDHIR AGARWAL, SHASHI KANT
Rina Kumari – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:- Rohit Pandey.
For the Respondent:- A.G.A.

JUDGMENT

Sudhir Agarwal, J.

1. This writ petition under Article 226 of the Constitution of India has been filed by Smt. Rina Kumari seeking a mandamus commanding respondent no. 2, i.e., Superintendent of Police, Rampur to transfer investigation of Case Crime no. 278-C/2014, under Sections 452, 376, 506 I.P.C. and 3(1)XII SC/ST Act, Police Station Milak, District Rampur from the present Investigating Officer, Dr. Tej Veer Singh, Circle Officer, Milak, Rampur to any other officer and to direct a fair investigation.

2. The facts, in brief, are that the petitioner fell victim to criminal act of respondent no. 5, Bal Kishan son of Sohan Lal, who forcibly entered the house of petitioner on 06.05.2014 at about 6.00 pm, and, committed rape at knife point. When she raised alarm, respondent no. 5 ran away, assaulting petitioner. She went to police station but no report was registered, whereupon she had no option but to move application under Section 156(3) Cr.P.C. before the concerned Magistrate. Ultimately, under his order, the report was lodged on 10.06.2014 at 13.00 hours against respondent no. 5.

3. Petitioner's statement under Section 161 Cr.P.C. was recorded by Investigating Officer only













































































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