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2023 Supreme(All) 1359

SUBHASH VIDYARTHI
Rooma – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Home Lko. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Syed Azizul Hasan Rizvi.

JUDGMENT :

1. Heard Sri Syed Azizul Hasan Rizvi, the learned counsel for the petitioner and Sri Rao Narendra Singh, learned Additional Government Advocate-I for the State and perused the records.

2. By means of the instant petition filed under Article 226 of the Constitution of India the applicant has prayed for the following reliefs: -

    “i. To issue an order or direction to the Opposite Party No. 2 to take cognizance and summon the accused Opposite Party No. 12 under section 376 and 392 I.P.C. considering the material, evidence, statements of witnesses esp. the statements of the petitioner recorded under Sections 161 & 164 Cr.P.C. available on the record submitted by the police and considering the findings of the opposite party no. 2 itself in para no. 2 of its own summoning order dated 21.03.2023 contained at Annexure No. 3 in the interest of justice.

ii. To issue a writ order or direction in the nature of MANDAMUS directing the Opposite Party No. 3 to take stern and effective legal actions against the Opposite Party No. 4 to 11 for openly and flagrantly violating the specific provisions of law contained under section 173 (1) (1A) Cr.P.C and the Circulars Nos. 35/2018 dated 05.07.2018

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