The Allahabad High Court has directed the Director General of Police of Uttar Pradesh to file a personal affidavit on July 8, in connection with misbehaving and framing of a victim by Police in a criminal case.
The Division Bench of Justice SP Kesarwani and Justice Gautam Chaudhary on Tuesday passed this order, while hearing a petition filed by a victim girl from Shahjahanpur and others.
The petitioners claimed that they have been victims of Police atrocities. They said Petitioner No 1 was raped by the respondent No 4 and in respect of the incident, three First Information Report (FIRs), dated January 14, 2021, Police Station Mahila Than, District Shahjahanpur under Sections 376(2)(A)(i), 328, 364, 506 IPC, had been registered.
As a counterblast to the FIRs and to further ruin the life of the petitioners, Sub-Inspector Sunil Kumar Sharma, respondent No 4, lodged a first information report by moving an application under Section 156(3), CrPC dated February 20, 2021 under Sections 186, 189, 388, 389 IPC at Police Station, Jalalabad, District Shahjahanpur.
The petitioners made serious allegations against the police officers, including rape and inaction on part of the police department, including the ADGP. They also moved an application before other authorities, including the Chief Minister.
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“Considering the facts and circumstances of the case and nature of allegations made in the petition including the first information reports lodged by the petitioners against the Police Officer concerned, we feel it appropriate to direct the Director General of Police, Uttar Pradesh to file his personal affidavit before us on or before the next date fixed in which he shall specifically reply to the paragraphs quoted above”, the Court observed.
“He shall disclose in his counter affidavit that what action has been taken against the accused in the aforesaid three first information reports. The DGP shall also annex with his counter affidavit a copy of statement of the petitioner No 1 recorded under Section 164 CrPC before the Judicial Magistrate at Shahjahanpur.
“Till the next date fixed, no coercive action shall be taken against the petitioners, pursuant to the FIR,” the Court ordered. The Court fixed the next hearing of the petition on July 8.