The Allahabad High Court, Lucknow Bench, sharply pulled up the Balrampur police on Tuesday for filing what it called a “shocking” false affidavit in a case involving the alleged rape of a minor girl. The bench of Justice Abdul Moin and Justice Babita Rani expressed disbelief at how the investigation has been handled, hinting that authorities may be trying to dodge the truth instead of securing justice for the survivor.
Background
The petitioner Anjan Kumar had filed an FIR on 22 October 2024 at Laliya Police Station, District Balrampur. When the investigation did not move fairly at least from the petitioner’s viewpoint he approached the High Court seeking a direction to transfer the probe.
Earlier, on 17 November 2025, the Court asked the Superintendent of Police (SP), Balrampur to submit a personal affidavit explaining what progress had been made in the case after the FIR.
Court’s Observations
Once the affidavit arrived, the bench didn’t mince words:
“The personal affidavit… is found to be shocking!” the Court remarked while reading the contents.
The affidavit claimed that the minor victim had recorded two conflicting statements one in October 2024 and another in March 2025 and that authorities were now sending her and her father for a polygraph test.
But the Court noted a major problem:
The affidavit was sworn on 02 December 2025, yet it falsely claimed that the polygraph test application was still pending, even though the lower Court had already rejected that application a day earlier, on 01 December 2025.
The bench questioned the carelessness:
“A false affidavit… without even having cared to go through the complete facts of the case,” the judges pointed out.
Another key contradiction emerged. The Special Judge (POCSO) had earlier allowed the girl’s statement to be re-recorded after she said her first statement was given under pressure from the accused and the police. Her new statement clearly pointed towards rape.
And yet, surprisingly:
- It was the State, not the accused, that challenged the order that helped the minor present her truth.
- The police insisted on a lie-detector test even after the new statement was lawfully recorded.
The Court expressed strong disapproval:
The bench said it failed to understand “by what stretch of imagination” the State felt aggrieved by re-recording a victim’s statement.
To the judges, the focus appeared misplaced: instead of pursuing justice for the child, authorities seemed strangely eager to question her credibility again and again.
Decision
Given these “shocking aspects,” the Court directed the Principal Secretary (Home), Uttar Pradesh to file a personal affidavit within a week, explaining:
- Why a false affidavit was submitted by the SP
- Why the police is still insisting on a polygraph test
- Why the State chose to challenge an order meant to protect the minor’s rights
Failing compliance, the Principal Secretary must appear in person with all relevant records on 15 December 2025.
Case Title:- Anjan Kumar vs. State of U.P. through Addl. Chief Secretary Home, Lucknow & 3 Others
Case Number:- Criminal Misc. Writ Petition No. 10736 of 2025
Petitioner's Counsel:- Saksham Agarwal, Anupriya Agarwal, Pradeep Kumar Mishra, Rakesh Kumar Agarwal
Respondent's Counsel:- Government Advocate (G.A.)
