Allahabad High Court
X. Victim (Minor) Of Case Crime No. ... vs A. Ashutosh Kumar Assistant ... on 25 September, 2023
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:61712 Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2788 of 2023 Applicant :- X. Victim (Minor) Of Case Crime No. 205/2023, Thru. Her Mother Poonam Opposite Party :- A. Ashutosh Kumar Assistant Commissioner Of Police, Lko. Counsel for Applicant :- Upendra Kumar Singh Hon'ble Rajesh Singh Chauhan,J.
1. Heard learned counsel for the petitioner and Sri Amrendra Pratap Singh, learned Additional Chief Standing Counsel.
2. This Court has passed the order dated 22.08.2023, which reads as under:-
"1. Heard Shri Upendra Kumar Singh, learned counsel for the petitioner.
2. Attention has been drawn towards the order dated 03.08.2023 passed by this Court in Criminal Misc. Writ Petition No.6015 of 2023 which reads as under:-
"1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. This petition has been filed with the following main prayer:-
"(i) to issue a writ, order direction in the nature of Mandamus commanding the Opposite Party No.1 to 6 to protect the life of the victim of the Case Crime No.0205/2023, U/s-354, 328 I.P.C. 7/8 Pocso Act 2012 P/s Aliganj District Lucknow who is the Victim of the rape but proper Section has not been added in the F.I.R. in the interest of justice.
(ii) To issue a writ, order direction in the nature of Mandamus commanding the Opposite Party No.1 to 5 to passed the appropriate order upon the application 15.07.2023 for transferring the investigation to any others investigating officer from the Ashok Kumar Yadav of the Case Crime No.0205/2023, U/s-354, 328 I.P.C. 7/8 Pocso Act 2012 P/s Aliganj District Lucknow contain as Annexure No.4 to the writ petition."
3. It has been submitted by the learned counsel for the petitioner that the petitioner is the victim herself and she has approached this Court through her mother because she is a minor. She had lodged the F.I.R. against the named accused and even after lodging of the F.I.R., the named accused have threatened the petitioner on her mobile number, which has been mentioned by the petitioner in her representation made to the Station House Officer concerned. However, no heed has been paid. Hence this petition has been filed with the aforesaid main prayers.
4. This Court has perused the pleadings on record and also the representation made by the petitioner to the Station House Officer Aliganj Lucknow.
5. This petition is disposed of with a direction to the petitioner to make a fresh representation to the respondent no.4- Assistant Commissioner of Police Aliganj District Lucknow, who shall conduct an enquiry and take appropriate decision including lodging of the fresh F.I.R. against the named accused within a week of receiving a copy of the order passed by this Court along with the said representation."
3. Learned counsel for the petitioner has stated that the petitioner preferred a representation dated 07.08.2023 enclosing therewith the certified copy of the order of this Court through registered post but till date the compliance has not been done by the concerning authority in its letter and spirit whereas this Court has granted only a week's time to take appropriate decision.
4. Learned counsel for the petitioner has given two copies of the contempt petition to Shri Sunil Bajpai, learned Additional Chief Standing Counsel to seek complete written instructions in the matter.
5. List this case on 11.09.2023 as fresh."
3. In compliance of the aforesaid order, Sri Amarendra Pratap Singh, learned Additional Chief Standing Counsel has produced a copy of instructions letter dated 09.09.2023 preferred by Sri Ashutosh Kumar, Assistant Commissioner of Police, Aliganj, Lucknow addressing to the Chief Standing Counsel annexing therewith the copy of order dated 14.08.2023 passed by the Deputy Commissioner of Police, North, Lucknow, report dated 08.09.2023 of one Sri Dharmendra Kumar Yadav, Inspector/ Investigating Officer, Police Station-Madiaon, Lucknow and copy of letter dated 01.09.2023 preferred by the Deputy Commissioner of Police, North, Lucknow addressing to the Assistant Commissioner of Police, Ghazipur, Lucknow. The same are taken on record.
4. Learned Additional Chief Standing Counsel may provide the copy of order dated 14.08.2023, report dated 08.09.2023 and letter dated 01.09.2023 (supra) to the learned counsel for the petitioner.
5. The perusal of report dated 08.09.2023 of Sri Dharmendra Kumar Yadav, Inspector/ Investigation Officer, Police Station-Madiaon, Lucknow addressing to the Assistant Commissioner of Police, Aliganj, Lucknow reveals that in compliance of order of the Writ Court and also after recording the statement of the prosecutrix under Sections 161 & 164 Cr.P.C., the case in question is being investigated under Sections 376/328/120-B I.P.C. read with Section 3/4 of Protection of Children from Sexual Offences Act (in short POCSO). The police is trying its level best to arrest both the accused persons.
6. Letter dated 01.09.2023 preferred by the Deputy Commissioner of Police, North, Lucknow addressing to the Assistant Commissioner of Police, Ghazipur, Lucknow reveals that pursuant to the complaint being made on behalf of the prosecutrix the specific explanation has been sought from the then Sub-Inspector Sri Ashok Kumar Yadav who was earlier Investigating Officer and he has not submitted his explanation till date. Therefore, the direction has been issued to conduct a preliminary inquiry in the issue in question ascertaining the misconduct, if any, of the Sub-Inspector Sri Ashok Kumar Yadav to take appropriate action against him.
7. Learned Additional Chief Standing Counsel has informed the Court that now the Inquiry Officer has been changed in place of Sub-Inspector of Sri Ashok Kumar Yadav and Sri Dharmendra Kumar Yadav is investigating the issue. Sections 376 & 120-B I.P.C. and Section 3/4 of POCSO Act have been added. The police is trying hard to arrest the accused persons.
8. At this juncture, this Court expect that if after conclusion of a preliminary inquiry, it is found that earlier Investigating Officer i.e. Sub-Inspector Sri Ashok Kumar Yadav was indulged in any misconduct, the appropriate departmental action may be taken against him. It is also expected that the allegations are serious, therefore, the fair and impartial investigation is carried out and all the accused persons, be those accused persons who are named in the F.I.R. or some other accused persons against whom some allegations have been levelled in the F.I.R. In any case, in the allegation of F.I.R. no laps on the part of the police agency may be tolerated. It is needless to say that while conducting the investigation, Annexure No.6 of the writ petition would be taken into account whereby some whatsapp chats have been indicated showing prima-facie culpability of the accused persons subject to proper investigation on that aspect.
9. In the wake of the aforesaid development and also considering the instructions letter dated 09.09.2023 of Sri Ashutosh Kumar, Assistant Commissioner of Police, Aliganj, Lucknow (supra), I do not find any good reason to keep this contempt petition pending any longer.
10. Accordingly, the same is disposed of in terms of the aforesaid observations.
11. Notices are discharged.
12. Consign to records.
[Rajesh Singh Chauhan,J.] Order Date :- 25.9.2023 Suresh/