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2021 Supreme(SC) 28

ASHOK BHUSHAN, R.SUBHASH REDDY, M.R.SHAH
X – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Respondents: Mr. Tapesh Kumar Singh, Mr. Aditya Pratap Singh, Ms. Bhaswati Singh.

JUDGMENT :

ASHOK BHUSHAN, J.

1. This writ petition has been filed by a rape victim invoking the jurisdiction of this Court under Article 32 of the Constitution.

2. This Court entertained the writ petition and while issuing notice on 29.11.2020 passed the following order:

    "Issue notice.

    Mr. Tapesh Kumar Singh, learned standing counsel for the State of Jharkhand, accepts notice on behalf of respondent/State.

    Let the respondent/State file an affidavit giving details of all proceedings initiated by the petitioner or against her and the status of those proceedings.

    We, however, observe that the respondent no. 3/Home Secretary shall also ensure that the concerned police authorities are instructed to ensure protection of the petitioner.

    List after four weeks."

3. A counter-affidavit has been filed on behalf of the State of Jharkhand to which rejoinder has also been filed by the petitioner. The petitioner has also filed certain additional documents.

4. From the pleadings of the parties following facts emerged:

    The petitioner claims to be a Scheduled Tribe in the State of Jharkhand. The petitioner was born on 24.12.1984. On 31.03.1998, petitioner was taken away by one Basant Yadav. Petitioner's fat


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