- (1.) HEARD learned Counsel for the Petitioner and learned Additional Government Advocate.
(2.) THE Petitioner claiming to be the brother of one Neetu Verma has filed the instant writ petition and prays for a direction commanding the opposite party No. 1 to take legal action against the Respondent Nos. 3, 4 and 5, namely, Circle Officer/Assistant Superintendent of Police, Station Officer and Investigating Officer of Case Crime No. 391/2010 for violation of law and harassing the Petitioner. It was also prayed for a direction to transfer the investigation of Case Crime No. 391/2010 to any other independent investigation police agency. Brief facts of the present case are that the Petitioner has lodged an F.I.R. of Case Crime No. 391/2010 under Sections 366/323 IPC P.S. Aliganj, District Lucknow. As per version of First Information Report, on 7.8.2010 at about 21.45 hours, when the Petitioner and his sister, namely, Neetu Verma were returning from Punjab Technical University, Indira Nagar, near Nehru Vatika, the persons named in the F.I.R. abducted her sister and ran away in Bolero Jeep. As the investigation was not progressing, the instant writ petition has been filed a for a direction to the opposite parties to take legal action against the opposite party Nos. 3 to 5.
(3.) IN response to the notice issued by this Court, a counter -affidavit has been filed wherein the factum of incident, as averred in the F.I.R., was denied. Further, it has been stated that Neetu Verma has not been kidnapped, but she being major has entered into matrimonial alliance with one Satish Kumar Shukla, S/o Devesh Kumar Shukla. The said matrimonial alliance was also registered and the certificate of marriage so solemnized was enclosed with the counter -affidavit including the passing out of High School Certificate, which discloses the date of birth of Neetu Verma as 26.1.1985. Further, the statements which were recorded under Section 161 Code of Criminal Procedure were also enclosed. In the said statements, the factum of incident, as referred in the First Information Report, was denied by the two independent witnesses including Neetu Verma.;