ASHOK SINGH KAURAV Vs. SUPERINTENDENT OF POLICE, BHIND
LAWS(MPH)-2021-3-78
HIGH COURT OF MADHYA PRADESH
Decided on March 17,2021

Ashok Singh Kaurav Appellant
VERSUS
Superintendent Of Police, Bhind Respondents

JUDGEMENT

G.S.AHLUWALIA,J. - (1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:- ''1) Respondents be directed to produce the Niece of the Petitioner before the concerned Magistrate for the purpose of recording her statements under section 164 of the Code of Criminal Procedure, 1973; 2) The investigation in Crime Number 13/2021 registered at Police Station, Endore, Tehsil Gohad, District Bhind may kindly be transferred to an independent agency. 3) That, any other relief which this Hon'ble Court deemed fit and proper in the facts and circumstances of the case may be ordered.''
(2.) It is the case of the petitioner that the niece of the petitioner, who is minor, was kidnapped by one Prashant Kaurav(he has not been impleaded as respondent). The petitioner approached the Police Station Endori, District Bhind on 20th February, 2021 but no action was taken and with great difficulties, later on, FIR was registered under Section 363 of IPC on 21st February, 2021 and the police did not make any sincere and genuine efforts to trace and find out the niece of the petitioner. On 24th February, 2021, the petitioner and his family members came to know that the niece of the petitioner was in Mahila Kendra, Bhind from where they brought her back to their home in the afternoon of 24th February, 2021. After coming back to home, the niece of the petitioner shared her experiences with her family members and informed that she was subjected to rape. It was further narrated by her that she was taken to Delhi by Prashant Kaurav where she was raped by him. While returning back from Delhi, other co-accused persons, namely, Sunil Kaurav, Uttam Singh, Deepu, Bachchu and Gajendra alias Gale (none of them have been impleaded as respondent), boarded the vehicle and also raped her. She also narrated that the accused persons were speaking to Police personnel and other people over the mobile phones regarding making out the strategy to tackle the situation. Thereafter, the niece of the petitioner was brought to Police Station Endori, District Bhind by Prashant Kaurav and other persons where she saw that Sunil Kaurav (not impleaded as respondent) handed over a bundle of Rs. 500/- to the police personnel Brijmohan Bhadoriya (not impleaded as respondent) and left the Police Station. Thereafter, she was sent to the Office of SDO(P), Gohad, District Bhind and again, nobody enquired anything from her.
(3.) It is the case of the petitioner that thereafter, the niece of the petitioner informed the petitioner that the accused persons and Police personnel obtained her signatures on a blank piece of papers by extending a threat to her. Subsequently, she was sent to Bhind hospital where she was made to wait for a long time but no medical examination was conducted by the lady doctor, however, one nurse obtained the signatures of the niece of the petitioner on some paper and thereafter, she was sent back to Mahila Kendra, Bhind. Further, she was taken to Hospital, whereas her signatures were obtained by Brijmohan Bhadoriya, I.O., on blank papers. After the entire episode was narrated by the niece of the petitioner to the petitioner, the petitioner rushed to Police Station Endori, District Bhind on 25th February, 2021 to apprise the Police about the offence committed with his niece but no one paid any heed to his complaints. Even, the police officials refused to accept the written application sought to be submitted by the petitioner on behalf of his niece. Thereafter, the petitioner rushed to the Office of Superintendent of Police, Bhind but the said meeting also met with the same fate. The petitioner was abused, ridiculed and thrown out of the Office of Superintendent of Police (although the Superintendent of Police, Bhind has been impleaded as respondent No.1, but he has not been impleaded in his personal capacity as personal allegations have been made against the Superintendent of Police, Bhind).;


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