Madhya Pradesh High Court
Ps Maharajpura vs The State Of Madhya Pradesh on 7 June, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 WP 7813/2021
The High Court of Madhya Pradesh
WP 7813/2021
(Prosecutrix Vs. State of M.P. & others)
Gwalior dated 07.06.2021
Shri Ranjeet Khanwilkar, learned counsel for petitioner.
Shri Sanjay Kumar Sharma, learned Govt. Advocate for
the State.
Heard through video conferencing.
Let notice be issued to the respondents on payment of
process-fee within next three working days, failing which petition shall stand automatically dismissed without further reference to this bench.
Grievance of petitioner who is complainant in sexual offence is that despite petitioner-complainant having been subjected to rape on 17/2/2021, an FIR that was lodged on behest of petitioner-complainant was only in respect of offences punishable u/Ss. 354, 456, 323, 336/34 IPC. Thereafter it is submitted that vide P/3 about two weeks after lodging of report, a written complaint was made to S.P., Gwalior that incident was of rape and not of mere sexual assault and therefore the offence alleged against named accused ought to be registered u/S. 376 IPC. It is submitted that no heed was paid to the said complaint.
On the query of this court from learned counsel for petitioner as to why remedy u/S. 156(3) r/w 200 Cr.P.C. cannot be availed by petitioner, the response is that trial courts are not functioning due to knockdown owing to second wave of Covid- 2 WP 7813/2021 19 pandemic and there is no hope of reopening of trial court in the near future.
The amendment that was carried out in the Code of Criminal Procedure w.e.f. 3/2/202013 is a fallout of Nirbhaya's case. At this stage it is relevant to reproduced Sec. 154 Cr.PC with amended proviso which reads thus:-
"154. Information in cognizable cases.-
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf:
Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376 DB, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman police officer:
Provided further that-
(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376 DB, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police 3 WP 7813/2021 officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence." The amended provision of Sec. 154 Cr.P.C. incorporates various safeguards against highhandedness, inaction, indolence, callousness of the police while registering offence in particular sexual offence.
The State is directed to file reply as to whether second proviso to Sec. 154 (1) Cr.P.C. which was amended on 3/2/2013 was complied with or not in letter and spirit while registering the FIR in the aforesaid bearing Crime No. 86/2021 at Police Station Maharajpura, District Gwalior vide P/2. 4 WP 7813/2021
The State is also directed to respond as to what action S.P., Gwalior took pursuant to the written complaint made by petitioner vide P/3 dated 1/3/2021 u/S. 154(3) Cr.P.C.
List the matter for consideration on admission in the week commencing 21/6/2021.
(Sheel Nagu) Judge (Bu) DHANA Digitally signed by DHANANJAY BUCHAKE DN: c=IN, o=HIGH COURT OF NJAY MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, BUCHAK st=Madhya Pradesh, 2.5.4.20=6489e9ca230b3031a4b44 a621934281f589875c02fb2a20e422 0aebc8a3ba7ec, cn=DHANANJAY E BUCHAKE Date: 2021.06.08 14:51:39 +05'30'