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2020 Supreme(HP) 634

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Preeti Devi – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Prashant Chaudhary, Advocate, Ashok Sharma, Advocate, Vikas Rathore, Advocate, Vinod Thakur, Advocate, Shiv Pal Manhans, Advocate, Seema Sharma, Advocate, Bhupinder Thakur, Advocate, Yudhbir Singh Thakur, Advocate

JUDGMENT

Tarlok Singh Chauhan, J. - The instant petition seeks a direction to the respondents-State to ensure proper investigation whereby they be directed to lodge FIR in the present matter under the relevant provisions envisaged in the Indian Penal Code relating to the outraging of the modesty and chastity of a woman, sexual assault on a woman, disrobing a woman, attempt to commit rape on a woman etc. along with the offences as provided under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 i.e. commission of atrocities by a member of Non-Scheduled Caste on any person belonging to Scheduled Caste by way of causing injury, insult or annoyance, forcibly removing clothes, assault or using force with intent to dishonour or outraging modesty of a Scheduled Caste person etc.

2. It is by now well settled that if a person has grievance that FIR has not been registered by the police or having been registered, proper investigation has not been done, then the remedy of the aggrieved person is not to come to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) Cr.P.C.

3. Thi

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