ABCD Vs. UNION OF INDIA
LAWS(SC)-2019-12-41
SUPREME COURT OF INDIA
Decided on December 10,2019

Abcd Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

UDAY UMESH LALIT, J. - (1.) This writ petition has been filed by the petitioner1 above-named seeking following directions: "I. Writ of Mandamus to the extent that the investigation arising out of FIR No.58/2018 U/S 376,328,506 and 509 IPC 1860, be transferred from Delhi Police to an independent Central Agency. II. Writ of Mandamus to State of West Bengal to suspend the accused (Respondent No.7) herein and initiate departmental proceedings against him and In terms of Section 228A of the Indian Penal Code, 1860, the Identity of the Petitioner is not being disclosed direct him not to influence the witness of this crime to ensure free and fair investigation. III. Order the transfer of the investigation arising out of FIR No.256/2018 dated 03.06.2018 under Section 384, 389, 34 IPC registered at Basirhat PS, West Bengal to a Central Agency and till then stay the investigation. IV. Direct the Investigating Agency to immediately collect Call Detail Records (CDR) of the mobile numbers and confiscate the two mobile phones of the accused and to retrieve the CCTV footage of Lalit Hotel on 27.01.2018 to 29.01.2018 of the lobby, restaurant and room number 2603 where the accused took the petitioner to commit the offence of rape. V. Order protection to the petitioner and her family members. VI. Any other order or directions to secure justice to the petitioner which this court may deem fit and proper."
(2.) FIR No.58 of 2018 filed by the petitioner with Police Station Barakhambha Road, New Delhi alleged: That the petitioner and Respondent No.7 herein (an IPS Officer) became friends through exchanges on Facebook and started meeting each other. There were talks of marriage. On 28.01.2018, Respondent No.7 had come to Delhi and was putting up at Hotel Lalit. After having spent the entire day with Respondent No.7, the petitioner went to the room of Respondent No.7 where he offered some chocolates to her. She fell quite dizzy after she had the chocolates. Taking advantage of her situation Respondent No.7 made physical advances and had sexual intercourse with her. Thereafter for some time, there were discussions between the families to carry forward their relationship to the next level of marriage but Respondent No.7 abruptly told the petitioner on 10.02.2018 that there could be no relationship between them. Alleging that Respondent No.7 had taken undue advantage of her situation and had forcible intercourse with her on 28.01.2018 said FIR was filed on 26.05.2018.
(3.) On or about 03.06.2018, FIR No.256 of 2018 was filed by the mother of Respondent No.7 submitting that the petitioner and her family members had been pressurising the family of Respondent No.7 to pay to them a sum of Rs.15 lakhs failing which they were threatened with filing of cases with allegations of rape and other criminal cases against Respondent No.7. It was alleged that succumbing to the pressure so exerted, a sum of Rs.5 lakhs was paid to the brother of the petitioner on 04.02.2018 and the rest of the amount was to be paid within three months. FIR, thus alleged commission of offences punishable under Sections 384, 389 read with 34 IPC.;


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