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Home NEWS Allahabad HC orders SSP, SHO to appear before court for 3-month delay...

Allahabad HC orders SSP, SHO to appear before court for 3-month delay in filing FIR in rape case

Taking a critical observe of inordinate delay of three months in filing an FIR on the idea of a criticism lodged by a rape survivor, the Allahabad High Court has directed the Allahabad SSP and the SHO of Phoolpur police station to appear before it on October 20.

Hearing a writ petition filed by the rape survivor in search of the registration of a case in opposition to culprits, a division bench comprising Justice Shashi Kant Gupta and Justice Pankaj Bhatia noticed that “the present petition highlights the laxity shown by the officers in triggering the criminal justice system”.

“The sequence of the evidence on the basis of instructions received highlights the sheer callousness of the police authorities in lodging the FIR after about three months of the alleged incident that too only after this court had intervened and had called for instructions,” the court mentioned.

“It is well settled that the information disclosing a cognizable offence should be initiated with all expedition, the same is also necessary so as to bring the prosecution to its logical conclusion fairly,” it mentioned.

The Allahabad HC, in an order handed on Thursday mentioned, “In the present case, the laxity, which has been done at the behest of the police authorities, has not been explained at all.” The court mentioned there isn’t a clarification as to why a lot time was taken for lodging the FIR and for continuing in accordance with the criticism made by the petitioner for such a very long time.

It mentioned there’s nothing on file as to what motion was taken by the senior superintendent of police (SSP) besides merely forwarding the appliance of the petitioner before the station home officer.

“On a prima facie consideration, this court is of the view that on account of the laxity of the police officials, the prosecution may be seriously affected, the action taken by the SHO the form of lodging of the FIR on October 13, 2020 and the subsequent medico legal examination of the petitioner on October 14, 2020, are prima facie a hogwash,” the order mentioned.

“Considering the facts, which prima facie disclose the laxity on the part of the police authorities, this court is of the view that the matter needs to be taken seriously,” it mentioned.

The petitioner has alleged that she was raped by 4 folks on July 11, 2020 and she or he lodged a criticism however an FIR was not registered in the matter.

Thereafter, the petitioner claims to have submitted an utility before the SSP on July 22, highlighting that regardless of her finest efforts, the case was not being registered.

She once more filed an utility on July 23 informing the SSP that the case was nonetheless not filed. Ultimately, the petitioner approached the court.

The state counsel knowledgeable the court {that a} criticism dated July 23 was forwarded by the petitioner to the SSP.

The criticism was then forwarded by the SSP to the Phoolpur police station for additional motion.

The FIR was lastly registered at Phoolpur police station on October 13 beneath related sections of the IPC.

The lady’s assertion was additionally recorded on October 14.

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