ASHISH JATAV Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-71
HIGH COURT OF MADHYA PRADESH
Decided on February 09,2021

Ashish Jatav Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

ANAND PATHAK,J. - (1.) The instant petition preferred under Section 226 of Constitution Of India is in the nature of writ of habeas corpus. Petitioner is cousin of prosecutrix and she filed the complaint on which FIR was registered vide Crime No.87/2021 at Police Station Morar, Gwalior for the offence punishable under Sections 376 and 506 of IPC alongwith Sections 3(1)(w)(ii) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for brevity "Atrocities Act"). As per the allegation, she was subjected to rape by miscreants namely Aditya Bhadoriya and his friend, but it is the grievance of the petitioner that after lodging of FIR, police did not investigate the matter properly and did not take her to the concerned magistrate for recording statement under Section 164 of Cr.P.C. and illegally detained and confined her as well as her parents and ill-treated them.
(2.) It is the submission of counsel for the petitioner that it is the duty of Police Authority to investigate the case lodged by the corpus against the accused persons for commission of offence of rape under Sections 376 and 506 of IPC alongwith Sections 3(1)(w)(ii) and 3(2)(va) of Atrocities Act and should have conducted free and fair investigation but it appears that they are trying to cover-up the story and therefore, detained the parents of prosecutrix and referred the prosecutrix to One Stop Center for not reason.
(3.) Learned Additional Advocate, General on the basis of instructions received, informed this Court that she had not been illegally detained and she had been referred to One Stop Center being victim. However, he informs this Court a video link has been provided at One Stop Center and from where corpus has appeared before this Court. Learned Additional Advocate General undertakes that FIR registered by the corpus shall be duly investigated by the Investigating Officer in free and fair manner without being influenced by any extraneous consideration and after investigation, consequential follow-up action shall be ensured. He further submits that since corpus is available at One Stop Center then, purpose of filing of instant petition is over.;


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