DEVENDRA TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of present writ petition, the petitioners, who are accused in present case, have prayed for issuance of a writ of mandamus directing the respondent Nos.1 and 2 to appoint another agency for fair investigation in Case Crime No.116 of 2023, under Ss. 452, 376, 313, 506, 323, 427 IPC, P.S. Madhian, District Mirzapur, within stipulated period as fixed by this Hon'ble court.

(2.) Heard learned counsel for the petitioners, learned counsel for the respondent No.4, Sri Amit Sinha learned AGA for the State and perused the material placed on record.

(3.) The factual matrix of the case in brief are that the informant moved an application under Sec. 156(3) Cr.P.C. before the Court of Magistrate in District Court Mirzapur with allegations that on 17/7/2023, at around 7:00 AM, she was alone in the house, accused Girja Shanker @ Gopal (petitioner no.2) forcefully made his entry in her house and asked her for a spade. When she stated that her husband had taken the same to field, he tried to molest her and started touching her private parts by hand whereupon she raised cry. The accused dashed her on a cot and inserted finger in her private part; her husband reached there on hearing her noise, thereupon co-accused Satya Prakash and Devendra Tripathi arrived there together with an unknown person. They dashed her husband on ground and assaulted the victim and her husband by kicks and fists. When the victim prayed for mercy to miscreants on the ground of her pregnancy, then they assaulted her on her abdomen by kicks and have torn her clothes and outraged her modesty. They also assaulted her on her private parts which resulted in bleeding from her private parts and her child got killed in womb. Some persons reached there co-accidentally and then the accused persons fled away from the spot after damaging her household goods and threatening the victim and her husband with life. Her report was not lodged at police station concerned. The FIR was lodged on 27/8/2023, at 17:47 hours vide GD Entry No.032, dtd. 27/8/2023 time 17:47 hours, at police station concerned following the order of learned Magistrate passed on the application under Sec. 156(3) Cr.P.C. The police investigated the case and filed a charge-sheet against accused Satya Prakash Tripathi for charge under Ss. 313, 323, 427, 452 and 506 IPC. The learned Magistrate took cognizance f the offence and summoned the accused. The investigation has been kept pending against co-accused Girja Shanker @ Gopal and Devendra Tripathi, who are son and father, respectively.