Back
IN THE HIGH COURT OF MADHYA PRADESH
G. S. Ahluwalia, J.
Prosecutrix (Minor) through her Natural Guardian v. State of M. P. & Others
Writ Petition No. 5321 of 2021 (Gwalior);
Decided on 23.6.2021
(1) Constitution of India -- Art. 226 -- scope -- Court cannot supervise investigation -- but can certainly monitor investigation in order to find out as to whether investigation is being done properly or not. (2014) 2 SCC 532 followed. [Para 17]
(2) Police Regulations (M.P.) -- Reg. 742 (a) -- writing case diary -- investigating officer has to write time of every action. [Para 25]
(3) Criminal P.C. 1973 -- S. 161 -- Circular dated 7.3.2019 -- Cl. (5) -- guidelines for investigation in matters of rape -- videography of statement -- statement not reduced to writing -- only questions asked -- manner of video recording of statement of prosecutrix not in accordance with circulars -- statement of prosecutrix manipulated. [Paras 32 to 34]
(4) Constitution of India -- Art. 21 -- detention of prosecutrix in police station for whole night -- is glaring violation of fundamental rights of rape victim. [Para 151]
(5) Criminal P.C. 1973 -- Ss. 154 and 156 (3) -- accused has no right of pre-audience before registration of FIR -- order u/s. 156(3) is issued always at pre-cognizance stage -- whenever such order is issued, police has to register FIR -- unless and until FIR is registered, or complaint u/s. 200 is registered and summons are issued, accused persons have no say -- non-joinder of police personnel in writ petition alleging unfair investigation -- would not be hurdle in issuing direction for registration of FIR against them. (1964) 1 SCR 639, (2006) 1 SCC 627, (2014) 2 SCC 1, (2020) 4 SCC 22, (2014) 4 SCC 626, Union of India 1993 Supp. (4) SCC 260, (2013) 6 SCC 384 and (2012) 7 SCC 407 followed. [Para 156]
(6) Constitution of India -- Art. 226 -- Criminal P. C., 1973 -- Ss. 156 and 157 -- police investigation -- police has not conducted investigation in free and fair manner -- entire efforts of police are tainted and outcome of its ill design -- Superintendent of Police directed to register FIR against S.H.O., Sub-Inspector and other unknown police personnel for beating prosecutrix in police station -- prosecutrix illegally detained in police station for whole night -- offence u/s. 341 of IPC be registered -- S.H.O., Sub-Inspector and lady constables who videographed statements of prosecutrix guilty of not keeping video clippings properly and in accordance with law -- transmitted on Whatsapp platform -- prima facie responsible for revealing identity of rape victim - offence u/s. 228A of IPC be registered -- Sub-Inspector made material changes in statements of prosecutrix and other witnesses u/s. 161 of CrPC -- offence u/ss. 467,468 and 471 of IPC etc. be registered -- investigation transferred to CBI -- Director General of Police directed to immediately implement directions given by Supreme Court in case of Paramvir Singh -- Superintendent of Police directed to ensure that every police station within his jurisdiction has CCTV cameras in working order and cover every room of concerned police station -- CBI directed to provide full protection to prosecutrix -- DirectorGeneral of Police/competent officers directed to initiate departmental enquiry against concerned police officers and to transfer them out of Gwalior and Morena Range immediately -- petition allowed with cost of Rs. 50,000/-. (2018) 10 SCC 753, (2009) 1 SCC 441, (2004) 4 SCC 158, (1997) 1 SCC 416, (2010) 3 SCC 571, (2011) 9 SCC 182, 1994 Supp. (1) SCC 143, 1988 Supp. SCC 482, (2010) 2 SCC 200, (2015) 9 SCC 795, (2015) 8 SCC 744, (2018) 5 SCC 311, (2021) 1 SCC 184 and (2019) 14 SCC 615 referred to. [Paras 153, 158 to 164, 170, 175, 182 & 183]
¼1½ Òkjr dk lafoèkku & vuqPNsn 226 & O;kfIr & U;k;ky; vUos"k.k dk i;Zos{k.k ugha dj ldrk & ijarq fuf'pr :i ls ;g irk yxkus d¢ fy, vUos"k.k dk vuqJo.k dj ldrk gS fd vUos"k.k mfpr
¼3½ naM çfØ;k lafgrk] 1973 & èkkjk 161 & ifji= fnukad 7-3-2019 & [kaM ¼5½ & cykRlax d¢ ekey¨a esa vUos"k.k d¢ fy, fn'kk&funsZ'k & dFku dh ohfM;¨xzkQh & dFku ys[kc) ugha fd;k x;k & d¢oy ç'u iwNs x, & vfÒ;¨D=h d¢ dFku dh ohfM;¨ fjdkWfMZx dh jhfr ifji=¨a d¢ vuqlkj ugh & vfÒ;¨D=h d¢ dFku esa ÄV&c<+ dh xÃA ¼iSjk 32 ls 34½
¼4½ Òkjr dk lafoèkku & vuqPNsn 21 & vfÒ;¨D=h dk iqfyl Fkkus esa iwjh jkr fuj¨èk & cykRlax dh ihfM+rk d¢ ewy vfèkdkj¨a dk lqLi"V vfrØe.k gSA ¼iSjk 151½
¼5½ naM çfØ;k lafgrk] 1973 & èkkjk 154 rFkk 156 ¼3½ & vfÒ;qDr d¨ çFke bfÙkyk fji¨VZ d¢ jftLVªhdj.k d¢ igys iwoZJo.k dk vfèkdkj ugha g¨rk & èkkjk 156¼3½ d¢ vèkhu vkns'k lnSo laKku&iwoZ çØe ij tkjh fd;k tkrk gS & tc Òh ,slk vkns'k tkjh fd;k tkrk gS] iqfyl d¨ çFke bfRryk fji¨VZ jftLVªhÑr djuk g¨rh gS & tc rd çFke bfRryk fji¨VZ jftLVªhÑr ugha g¨rh] ;k èkkjk 200 d¢ vèkhu ifjokn jftLVªhÑr ugha g¨rk v©j leu tkjh ugha g¨rk] vfÒ;qDr O;fDr;¨a d¨ dqN dgus dk vfèkdkj ugha g¨rk & v_tq vUos"k.k vfÒdfFkr djus okyh fjV ;kfpdk esa iqfyl dfeZ;¨a d¨ i{kdkj ugha cukuk & mud¢ fo#) çFke bfRryk fji¨VZ d¢ jftLVªhdj.k dk funs'k tkjh djus esa vkM+s ugha vk,xkA ¼1964½ 1 ,l lh vkj 639] ¼2006½ 1 ,l lh lh 627] ¼2014½ 2 ,l lh lh 1] ¼2020½ 4 ,l lh lh 22] ¼2014½ 4 ,l lh lh 626] 1993 lIyhŒ ¼4½ ,l lh lh 260] ¼2013½ 6 ,l lh lh 384 rFkk ¼2012½ 7 ,l lh lh 407 vuqlfjrA ¼iSjk 156½
¼6½ Òkjr dk lafoèkku & vuqPNsn 226 & naM çfØ;k lafgrk] 1973 & èkkjk 156 rFkk 157 & iqfyl vUos"k.k & iqfyl us vUos"k.k fu"i{k v©j _tq jhfr esa ugha fd;k & iqfyl d¢ laiw.kZ ç;Ru nwf"kr v©j mldh dwV;qfDr d¢ Qfyr & iqfyl Fkkus esa vfÒ;¨D=h d¨ ihVus d¢ fy, Fkkuk x`g vfèkdkjh] mifujh{kd v©j vU; vKkr iqfyl dfeZ;¨a d¢ fo#) çFke bfRryk fji¨VZ jftLVªhÑr djus d¢ fy, iqfyl vèkh{kd d¨ funs'k & vfÒ;¨D=h d¨ iwjh jkr iqfyl Fkkus esa voSèk :i ls fu#) fd;k x;k & naM lafgrk dh èkkjk 341 d¢ vèkhu vijkèk jftLVªhÑr fd;k tk, & vfÒ;¨D=h d¢ dFku¨a dh ohfM;¨xzkQh djus okyh Fkkuk x`g vfèkdkjh] mifujh{kd v©j efgyk dkWULVscy ohfM;¨ fDyfiax d¨ mfpr
ORDER
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
7. Relief Sought :-
It is, therefore, most humbly prayed that the instant petition may kindly be allowed and a writ of mandamus and/or a suitable writ, order of direction in the nature of a writ be issued against the respondents and following relief(s) may kindly be granted :-
(I) The, respondent authorities may kindly be directed to take punitive action against the responsible officers in the interest of justice.
(II) That, respondent authorities may kindly be directed to arrest the accused persons of the aforementioned crime interest of justice.
(III) That, respondent authority may kindly be directed to change Investigation Officer of the case, so the entire investigation would be completed in fair and impartial manner.
(IV) That, respondent authority may kindly be directed to provide the protection to the prosecutrix and her entire family members in the interest of justice.
Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner.
2. It is the case of the petitioner, that the prosecutrix has lodged an F.I.R. in Crime No. 87/2021 for offence punishable under sections 376, 506 of IPC and under section 3(2) (va), 3(1)(w)(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the allegations that since 18.12.2020 She is living in the house of Ganga Singh Bhadoria on rent. She is doing the household work of Ganga Singh Bhadoria. On 31.1.2021 at about 8 P.M., Aditya Bhadoria (Grand son of Ganga Singh Bhadoria) and his friend came to her room. She was raped by friend of Aditya Bhadoria, whereas Aditya Bhadoria was keeping a watch. While returning back, they extended a threat that in case if the matter is reported, then She will have to face dire consequences. It is submitted that F.I.R. was lodged on 31.1.2021 at about 23:50 and thereafter, the prosecutrix was illegally detained and her parents were also detained by the concerned police personals and the prosecutrix and her parents were subjected to cruelty. Therefore, the cousin brother of the prosecutrix filed a Habeas Corpus Petition which was registered as W.P. No. 2571 of 2021 and was disposed of vide order dated 9.2.2021 and the prosecutrix was permitted to go with her parents. The prosecutrix was produced before the Court below for recording of her statement under section 164 of CrPC, where also, She narrated the incident of beating. According to the Adhar Card, since, the prosecutrix was minor, therefore, She was deliberately sent to One Stop Center, Gwalior, though her parents were present.
3. It is the case of the petitioner, that She (Prosecutrix) and her parents were subject to harassment by the police and instead of providing shelter to the prosecutrix, the police personals are harassing her and her parents, thereby violating the fundamental rights of the prosecutrix to live with dignity. Accordingly, the petition has been filed seeking the above mentioned relief(s).
4. The respondents have filed their return. It is the claim of the respondents that the investigation is going in a right direction in proper manner and within the lines of law. Swift, speedy and proper investigation is going on. Nothing as alleged in the writ petition is being done by any of the authority, investigating officer or any other person against the prosecutrix or any other person. It is mentioned that on 31.1.2021 at 9:40 P.M., a report was made to Dial 100 by prosecutrix wherein She reported that two person came to her and one of them committed rape on her. On 31.1.2021 itself, information was received in the police station at 23:36 and the same was entered in General Diary Reference at 23:50 and accordingly, F.I.R. was lodged at 23:50. The mobile phone and Adhar Card of the prosecutrix was recovered in which date of birth of the prosecutrix is mentioned as 1.1
Fabrication and backdating of documents, non-functioning of CCTV cameras in police stations
The court mandated that all police stations in Odisha must install functional CCTV systems by 31-03-2025 to enhance accountability and address human rights violations against armed forces personnel.
Emphasis on compliance with statutory provisions and fair procedure for all accused, regardless of the severity of the alleged crime.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
