- (1.) Heard Sri Nisha Tiwari, learned counsel for the petitioner and learned Additional Government Advocate for opposite parties no.1 to 4.
(2.) By means of present writ petition, petitioner has prayed the following main relief:- "Issue a writ, order or direction in the nature of mandamus commanding the investigating Officer ( opposite party no.4 herein) to take into account the plea of alibi and other defence raised by the petitioner in terms of representation dated 12.01.2020 ( Annexure no.2) during the course of investigation of the offence alleged in the impugned First Information Report No.0370 of 2019 dated 21.10.2019 ( Annexure no.1) lodged under Sections 328 , 376-D , 506 I.P.C. read with Section 3(2) (v) of the SC and ST (Prevention of Atrocities) Act, 1989 lodged at Police Station- Kotwali Nagar, District- Balrampur."
(3.) In order to press the aforesaid relief, learned counsel for the petitioner has placed reliance on the judgment dated 04.10.2018 passed by a Division Bench of this Court in Writ Petition no.16855 (MB) of 2018 and 16832(MB) of 2018 (Nazia and others Vs. State of U.P. and others) , the relevant portion of the same reads as under:- "8. We find the investigation and the short counter affidavit filed on the basis of the investigation to be wholly inadequate so far as the alleged offence is concerned. We hereby direct re-investigation in the matter. 9. The contents of statement under Section 164 Cr.P.C. have also to be investigated for fair investigation. 10. There are a large number of cases coming before us in which complainant/prosecutrix have been indulging in falsely implicating accused or whole family of the main accused. In such circumstances it becomes imperative to verify whether the victim is telling the truth in regard to the role played by each of the accused. The victim having given out her stand in her statement under Section 164 Cr.P.C., it needs to be verified whether she is telling the truth. The investigating agency or the Court cannot accept the statement as such and proceed against the accused. ;