Supreme Court directs father of minor rape victim to approach Allahabad High Court

The Supreme Court has directed a petitioner, seeking court-monitored investigation into the brutal rape and murder of his 16-year-old minor daughter, to approach the Allahabad High Court regarding discrepancies in probe by UP police.

"Don’t file such kind of petition directly in Supreme Court if you have right to approach the High Court," opined the three-Judge Bench of Chief Justice N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli.

The petition has been filed by Shyam Singh (father of deceased) through Advocate Varinder Kumar Sharma.

The plea stated,

“The Petitioner is approaching the Court under Article 32 of the Constitution of India, seeking directions for Courts Monitoring the investigation of alleged criminal offences so that fair investigation should be completed of the crime committed against his 16 years old minor daughter and police not allowed the petitioner for complete the last right of the deceased as per Hindu rights and ritual, which is clear violation of Article 21 of the Constitution.”

In this petition, the petitioner, who is father of the deceased, made a complaint against the named accused persons, but FIR was not registered under the appropriate sections. Moreover, police did not allow the petitioner to discharge his last ritual rights towards his daughter and Police forcefully completed the criminalization of the deceased at midnight. Police also did not inform the petitioner about the postmortem.

The Petition said that these facts clearly say that there is no chance for fair investigation, hence petitioner approaching the Court for Courts Monitoring the investigation of above said heinous criminal offences.

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On January 21, 2022, the 16 years minor daughter of the petitioner, was kidnapped from Village Galimpur, Police Dibai by car and accused persons forcefully taken her into custody in their Form House situated at Village Dhorav Police Station Chhatari, District Bulandshahar, where she was brutally gang raped and murdered on January 21, 2022 and police recovered her body.

The police registered the FIR dated January 21, 2022 U/s 302 IPC Police Station Chhatari, Bulandshahar, U.P against one accused person, without informing the petitioner and his family member of the deceased.

The police completed the Post mortem of the deceased without information to the petitioner. After completion of the postmortem, police called the Petitioner and forced him to complete the criminalization in midnight of his minor deceased daughter.

The petitioner made a written complaint to the Police Station Chhatari, Bulandshahar, U.P and alleged about the kidnapping, gang rape and thereafter murder of his minor daughter.

The police has not acted upon the above said complaint given by the petitioner but police himself registered the another FIR dated January 22, 2022 timing at 2.19 AM U/s 3, 25, 27 IPC and SHO was made complainant himself.

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The Pradhan of Gram Panchayat Galibpur, also certified on his letter head alongwith signature of respective villagers and Elected Member of Gram Panchayat that daughter of petitioner was daughter Petitioner was kidnapped, brutely gang rapped and thereafter murdered.

The petitioner wants crimination in day time as per Hindu rights and rituals, but police forcefully completed the crimination in mid Nights.

The Gram Pradhan of Rajghat, Vikas Khand Dibai, Bulandshahar also gave a letter/certificate dated February 12, 2022 that criminal charges of the petitioner's daughter were done in mid nights at Rajghat.

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