- (1.)This writ application under Article 32 of the Constitution seeks directions from the Court for registration of first information report under Sections 376-C, 376-D, 376(2)(n) of the Indian Penal Code; for the arrest of the accused and for their prosecution after investigation of the case by the Central Bureau of Investigation. Appropriate action against the officers of the Delhi and Haryana police by way of departmental proceedings for their refusal/failure to register the FIR under the aforesaid sections of the Indian Penal Code as well as the provisions of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act') has also been prayed for.
(2.)The facts, in short, are as follows.
The petitioner, who is represented by her father, claims to be a minor (17-1/2 years) and a resident of village Sundana, Tehsil Kalanaur, District Rohtak. According to the petitioner, she was kidnapped on 25.10.2013 by a group of nine persons who had kept her confined upto 8.11.2013. It is alleged that during the aforesaid period, the accused persons, in different combinations, had repeatedly raped her and that one of the accused, named, Pradeep is a constable in Haryana Police. The petitioner claims that after her recovery from village Sirol, Sector 18, Gurgaon, Haryana on 8.11.2013 she was produced before the Judicial Magistrate First Class, Rohtak for recording her statement. As she was under threat and intimidation she did not level any allegation of rape against the accused. The petitioner alleges that despite her medical examination by the doctor on 10.11.2013, a copy of the report of medical examination was not furnished to her; neither was any FIR under Section 376- D of the Indian Penal Code or the provisions of the POCSO Act registered against the accused persons who have been named in para 18 of the writ petition. It may be noted at this stage that the aforesaid writ petition was filed on 29.11.2013 seeking the reliefs earlier noted alongwith direction for payment of compensation to the petitioner and her family.

(3.)The respondent No. 1 i.e. Commissioner of Police, Delhi has filed an affidavit stating that inquiries have revealed that initially a FIR (319/2013) under Sections 363/366A dated 26.10.2013 was registered in Police Station Kalanaur, District Rohtak, Haryana on the written complaint of the father of the petitioner. It is further stated that on the basis of the statement made by the victim before the learned Judicial Magistrate First Class, alleging commission of rape by the accused named by her, a case has been registered and the accused persons have been arrested. As the matter is under investigation by the Haryana Police, the first respondent has contended that no order/direction is warranted insofar as the said respondent is concerned.