PRITPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for issuance of directions to respondents No. 1 and 2 to hand over the investigation of FIR No. 69 dtd. 2/6/2020 under Sec. 376 IPC, registered at Police Station Nihal Singh Wala, District Moga (Annexure P-3) to the Central Bureau of Investigation or to some other independent agency.

(2.) It is stated that the petitioner is working as a Nurse (ANM) in a dispensary at village Himmatpura, Tehsil Nihal Singh Wala, District Moga and accused Varun Joshi-respondent No. 7, who is an active member of the local wing of the ruling party, used to visit the said dispensary and started outraging the modesty of the petitioner. In the second week of December2019, accused Varun Joshi approached the petitioner in her office and threatened her that he was having her nude videos with some different male persons in a compromising position and would upload the same on internet if she did not develop physical relations with him or to pay Rs.5,00,000.00to him. The petitioner narrated the incident to her mother, who told the petitioner that in order to save her respect and dignity in the society, they would compromise with accused Varun Joshi. It is further stated that on 11/12/2019 and 12/12/2019, Jatinder Kaur, mother of the petitioner, paid Rs.4.00 lacs to Varun Joshi at his residence in the presence of Balwinder Singh, whereupon Varun Joshi had assured to delete all objectionable videos from his mobile phone. On 25/4/2020, Varun Joshi again visited the office of the petitioner and told her that he had deleted only a few clips and there were some more video clips and if the said video clips were to be deleted, then the petitioner had to pay Rs.3.00 lacs more to him. When the petitioner showed her inability to pay Rs.3.00 lacs more, Varun Joshi-respondent No. 7 took her in an Innova car to an isolated place and after removing her clothes, had committed rape upon her against her wishes. The petitioner reported the matter to the police and when no action was taken, she appeared before Senior Superintendent of Police, Moga-respondent No. 3 on 22/5/2020 and got recorded her statement but instead of registering an FIR, respondent No. 3 constituted a committee of two members i.e. Deputy Superintendent of Police, Crime Against Women, Moga (respondent No. 4) and a Lady Inspector to enquire into the matter. It is further averred that Deputy Superintendent of Police-respondent No. 4 threatened the petitioner to settle the matter with Varun Joshi-respondent No. 7 as he happens to be the man of means and belonging to the ruling party.

(3.) The petitioner had approached Judicial Magistrate 1st Class, Moga and moved an application under Sec. 156(3) Cr.P.C. for issuing directions to SHO, Police Station Nihal Singh Wala, for registration of an FIR against Varun Joshi-respondent No. 7. Vide order dtd. 1/6/2020, the said application was allowed and SHO, Nihal Singh Wala was directed to investigate the matter after registration of FIR. Thus, FIR No. 69 dtd. 2/6/2020 under Sec. 376 IPC was registered.