High Court transferred investigation of rape case to ADG Crime to ensure impartiality after allegations of bribe-taking by local Circle Inspector and threats to the victim were addressed to Court.
Investigation transferred to ADG Crime; inquiry initiated against Circle Inspector.; Directions for arrest of absconding accused.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ No. 688 / 2017
Vineeta Meena W/o Amar Singh Meena, Aged About 30 Years, R/o Village Meena Seemla Tehsil Sikrai, Distt. Dausa, Raj.
----Petitioner
Versus
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Pankaj Gupta For State : Mr. Jitendra Shrimali, Public Prosecutor Investigating Officer : Mr. Karan Singh, SHO, P.S. Manpur, District Dausa
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
10/01/2018
The present writ petition is preferred under Article 226 of the Constitution of India by petitioner- complainant- victim and prayed as follow :-
“(i) Necessary directions be given to get the proper, fair and unbiased investigation in F.I.R. No. 151/2017 registered at P.S. Mehndipur Balaji, District Dausa by superintendent of Police, Dausa or any other senior police official out of Dausa Jurisdiction. (ii) Necessary directions be issued to investigation agency that the accused person who is absconding and tempering the witnesses/ evidence may immediately be arrested ;
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(iii) Necessary directions be issued to investigation agency that culprit may not further threaten the complainant and proper protection for her life be awarded to her.
(iv) Necessary directions may be issued to competent authority to initiation of disciplinary action against C.I., Karan Singh who not only demanded bribe but also deliberately not carry out fair investigation in the matter.
(V) Any other order or relief, which this Hon’ble Court deems fit and proper may also be passed in favor of the petitioner.”
Investigating Officer Mr. Karan Singh, SHO, P.S. Manpur, District Dausa is present in person who submitted factual report of the matter through learned Public Prosecutor which is taken on record.
As per factual report, offence under Sections 376 (2) (n), 509, 384 IPC and Section 66-E of I.T. Act is proved against accused Ramratan @ Sumer and immense efforts were done for his arrest but he couldn’t arrested yet.
Learned counsel for the writ petitioner submits that FIR was registered against the powerful and influential persons of the area and accused managed the local Police Station so also Circle Inspector of Manpur District Dausa, Mr. Karan Singh.
He submits that investigation agency even after registration of FIR under Section 376 of IPC along with Section 66E of I.T. Act has not conducted investigation and arrested the culprits rather under the shelter of circle Inspector Mr. Karan Singh, the accused moving freely and threatened the petitioner. There is specific allegation leveled against the accused in FIR as well as in
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statement recorded under Section 164 Cr.P.C. but investigation agency malafidely not arrested the accused and on pursuance of complainant, Circle Inspector Mr. Karan Singh demanded rupees one lac for investigation and arrest of accused. On refusal by complainant Karan Singh, C.I. received lakhs of money from the accused and under his shelter accused moving freely and continuously giving threat to complainant for withdrawal of FIR and she is getting further threatening of acid attack.
In above circumstances, investigation of the impugned FIR No. 151/2017 registered at Police Station Mehndipur Balaji, District Dausa may be transferred to Superintendent of Police, Dausa or any other senior police official out of Dausa Jurisdiction and necessary directions be issued to investigation agency that the accused person who is absconding and tempering the witnesses/ evidence may immediately be arrested and necessary directions may also be issued to competent authority to initiation of disciplinary action against C.I., Karan Singh who not only demanded bribe but also deliberately not carry out fair investigation in the matter.
Considering the aforesaid arguments and overall facts and circumstance and the explanation sought by Mr. Karan Singh who is present in person and who admits that he has no enmity with the present petitioner, I deem it proper to direct ADG, Crime to get investigated the matter in his direction by any Officer of his own choice and also get inquired the allegation leveled against the Investigating Officer Mr. Karan Singh, Circle Inspector according to law and after completion of fair and impartial investigation
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expeditiously, the result of investigation be submitted before the Court having jurisdiction.
The writ petition stands disposed off accordingly. Copy of this order be given to learned Public Prosecutor under the seal and signature of Assistant Registrar cum Court Master of this Court for further transmission and compliance.
(BANWARI LAL SHARMA)J. S. Kumawat/49
2 issues framed by the court
Whether investigation into rape allegations can be transferred to ensure impartiality due to involvement of local police.
Whether disciplinary action is warranted against an investigating officer accused of demanding bribes and not arresting accused.
4 provisions across 4 enactments
Vineeta Meena
State of Rajasthan Through P.P.
Director General of Police, Raj. Jaipur
Superintendent of Police, Distt. Dausa
SHO, Police Station Mahendipur Balaji
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
