The main legal point established is the obligation of the police authorities to take appropriate action in cases of sexual abuse and harassment of minors in accordance with the Protection of Children from Sexual Offences Rules, 2020.

JUDGMENT

Milind Ramesh Phadke, J. - A very innocuous prayer has been made in the present petition under Article 226 of the Constitution of India for issuance of directions to the police authorities to initiate action against the private Respondent invoking the provisions under the Protection of Children from Sexual Offences, Rules 2020.

2. It is submitted by the counsel for the petitioner that daughter of the present petitioner is below 16 years of age, who was earlier subjected to sexual abuse by one Rajit Gurjar against whom the FIR has been registered at Police Station Kotwali, District Datia under Section 363 of the IPC vide Crime No.0688 of 2022 and later on, during the course of investigation, Sections 376 and 366 of the IPC, Section 5/6 of the POCSO Act and Section 3(2)(v)a, 3(2) (w) of the Scheduled Castes and Scheduled Tribes Act, have been enhanced and the primary investigation thereof revealed that the minor daughter of the petitioner was subjected to rape, the private respondents being relative of the said accused with ill-intentions are misguiding the daughter of the petitioner time and again and at their instance, she even leaves his house. A complaint in this regard has been made to the police officials vide complaint dated 10.01.2023 but till date, no action has been taken by the police authorities. It is further contended that there are rules framed in exercise of the powers conferred by Section 45 of the Protection of Children from Sexual Offences Act, 2012 by the Central Government which are named as Protection of Children from Sexual Offences Rules, 2020 (for short "Rules 2020") wherein there are provisions that in such type of cases where a minor girl is put to harassment, action is solicited. But, no action has been taken till date, hence, the petitioner is constrained to move this Court.

3. Per contra, learned Government Advocate for the respondents/State submits that it is not correct to say that no action has been taken or would not be taken on the complaint made by the petitioner, which was forwarded to police authorities only on 10.01.2023 but he candidly admits that if the directions are issued to the police authorities to take note of the said compliant and take appropriate action thereupon, he has no objection.

4. Heard learned counsel for the parties and perused the record.

5. Looking to the contents of the petition and in the light of the averments made by counsel for the parties, this Court deems it fit to direct the police officials of the concerned police station to take note of the said complaint filed by the petitioner keeping in view the procedure prescribed under the Rules 2020 and take appropriate action if any case is made out to that effect.

6. With the aforesaid direction, the present petition is disposed off.