TIHURI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Government Advocate for the State/respondent no. 1 to 4.

(2.) This petition under Article 227 of the Constitution of India has been preferred by the petitioner (mother-in-law of the victim) with a prayer to set aside the order dated 13.2.2019 passed by Chairman, Child Welfare Committee, Ghazipur in case crime no. 0014 of 2018, under Section 363, 366 and 7/8 POCSO Act, Police Station Muhamdabad, District Ghazipur, whereby victim Nidhi Yadav has been sent to Late Shivpujan Pathak, Bal Grih Balika, Rastipur, Saidpur, Ghazipur with further prayer to issue a direction in the nature of mandamus for medical examination of the prosecutrix and to pass further order, which this Court may deem fit and proper under the facts and circumstances of the case.

(3.) Filtering out the unnecessary details, the basic facts of the case are that on 23.1.2018 the informant-Vidya Devi lodged FIR with regard to alleged incident dated 15.1.2018 registered as case crime no. 0014 of 2018, under Section 363, 366 IPC and 7/8 POCSO Act against the petitioner and six other co-accused persons (who are family members of the petitioner), making allegations against them that on 15.1.2018 they in collusion with each other enticed away her minor daughter (Nidhi Yadav). The said FIR was challenged by the petitioner and other co-accused persons in Criminal Misc. Writ Petition No. 5946 of 2018, which was disposed of vide order dated 13.3.2018 with the direction that the petitioners (accused persons) shall not be arrested in the said case till the submission of the police report under Section 173(2) Cr.P.C.