SMT. SANGITA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The issue raised before this court is whether once an order is passed by a Magistrate having jurisdiction under Sec. 156 (3) Code of Criminal Procedure (for short 'Cr.P.C.') to lodge First Information Report/conduct investigation, can Station House Officer of the concerned Police Station ignore the order ?

(2.) This petition seeks issuance of a writ in the nature mandamus directing respondent no.3 (Station House Officer, Police Station Tikait Nagar, District Barabanki) to register First Information Report against respondent nos.4 and 5.

(3.) Plea of the petitioner is that on 5.7.2016, in an incident, the victim/petitioner was subjected to rape by respondent nos.4 and 5. On 5.7.2016, the petitioner approached the Police Station for registration of the crime. The Station House Officer refused to lodge F.I.R. On 6.7.2016, allegedly, the petitioner moved an application to Superintendent of Police, Barabanki, however, no decision was taken by Superintendent of Police, Barabanki on the complaint of the petitioner for registration of F.I.R.