Madhya Pradesh High Court
Abhiyoktri Thr. Police Station Gwalior vs The State Of Madhya Pradesh on 24 September, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
WP.19312/2021
Abhiyoktri Thr. Police Station, Gwalior Ditt. Gwalior v. State of
M.P and Ors.
Gwalior, Dated : 24.9.2021
Shri A.K. Jain, Counsel for the petitioner.
Shri MPS Raghuvanshi, Additional Advocate General for the
respondent/State.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
;kfpdkdrkZ izkFkZuk djrk gS fd ;kfpdkdrkZ }kjk izLrwr ;kfpdk Lohdkj dh tkdj ;kfpdkdrkZ ds xHkZ esa iy jgs Hkzw.k dks fo'ks"kK }kjk fudyok;k tkdj Hkz.w k dk Mh,u, ijh{k.k djk;k tkos ,oa tsy eas can vkjksih ds oh;Z dk lsEiy fy;k tkdj mldk Mh,u, djk;s tkus gsrq vkns'k ikfjr djus dh d`ik djsA vU; lgk;rk tks ekuuh; U;k;ky; mfpr le>s ;kfpdkdrkZ dks fnykbZ tkosA It is submitted by the Counsel for the petitioner that the petitioner is a major girl and she was subjected to rape on false promises by one Sanjay who mislead her by claiming that he is unmarried boy, whereas at a later stage she came to know that he is already married. Accordingly, Crime No. 365/2021 has been registered at Police Station Gwalior Distt. Gwalior for offence under Section 376 (2) (n) of IPC. It is submitted by the Counsel for the petitioner that since the petitioner conceived from the accused, therefore, in order to prove her allegation, DNA test report is a necessary circumstance which is also required under Section 53-A of 2 THE HIGH COURT OF MADHYA PRADESH WP.19312/2021 Abhiyoktri Thr. Police Station, Gwalior Ditt. Gwalior v. State of M.P and Ors.
Cr.P.C. Accordingly, this Court had issued show cause notice to the State to file the status report in view of the Section 53-A of Cr.P.C. It is submitted by Shri Raghuvanshi that today they have filed the status report, however the copy of the same is not available on record but Shri Ashok Jain has provided the copy of the status report filed by the respondents for perusal by the Court. Paragraph 3 of the status report reads as under :-
"3. That, in this regard, it is most humbly and respectfully submitted that so far as the D.N..A sample is concerned, that has been taken during the investigation and on the same day i.e. 14.6.2021 FIR was lodged, thereafter medical examination of prosecutrix was got done on 15.6.2021, viginal slide was properly collected, seizure memo was prepared on 15.6.2021 itself, draft for sending the sample to F.S.L. Gwalior was prepared on 5.7.2021 and the same was sent to the FSL Gwalior on 12.7.2021. Draft for D.N.A. examination was prepared and sent to F.S.L, Bhopal on 21.9.2021, same was sent through Constable No.2776 Bhure Singh Bhadoriya. Copy of receipt is annexed herewith and marked as Annexure R/1. F.S.L. report from FSL Gwalior has been received on 27.8.2021. Copies of all the above documents are being submitted herewith and marked as Annexure R/2 collectively."
Thus it is clear that investigating officer has already collected the DNA Sample on the date of the report itself and it has been sent to RFSL, Bhopal on 21.9.2021. Although, the incriminating articles 3 THE HIGH COURT OF MADHYA PRADESH WP.19312/2021 Abhiyoktri Thr. Police Station, Gwalior Ditt. Gwalior v. State of M.P and Ors.
have been sent recently, but it is observed that the DNA test report is also an important circumstance to prove the allegation of the complainant.
Accordingly, RFSL, Bhopal is directed to take up the matter on priority basis and should not take up the same in its routine course as according to RFSL, Bhopal more than 4600 cases are pending for DNA test .
It is next submitted by the Counsel for the petitioner that it was the duty of the investigating officer to get pregnancy terminated. The Counsel for the petitioner could not point out any provision of law which mandates the investigating officer to get the pregnancy terminated. In absence of any such authority or power, this Court is unable to accept the contention of the Counsel for the petitioner that it was the duty of the investigating officer to get pregnancy terminated.
At this stage, it is submitted by Shri Ashok Jain that he may be granted liberty to move appropriate writ petition for medical termination of pregnancy.
Considered the submission made by the Counsel for the petitioner.
So far as the liberty sought by the petitioner is concerned, she 4 THE HIGH COURT OF MADHYA PRADESH WP.19312/2021 Abhiyoktri Thr. Police Station, Gwalior Ditt. Gwalior v. State of M.P and Ors.
always have a liberty and therefore no separate liberty is required.
Under these circumstances, this Court is of the considered opinion that nothing survives in the writ petition in the light of the stand taken by respondents in paragraph 3 of their return.
Accordingly, the petition fails and is hereby dismissed.
(G.S. Ahluwalia) Judge ar ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya RAHMAN Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d 2b510cc133f1b56faa63e77b, cn=ABDUR RAHMAN Date: 2021.09.24 17:54:28 -07'00'