- (1.) This writ petition under Article 226 of the Constitution of India has been filed by Smt. Rina Kumari seeking a mandamus commanding respondent no. 2, i.e., Superintendent of Police, Rampur to transfer investigation of Case Crime no. 278-C/2014, under Sections 452, 376, 506 I.P.C. and 3(1)XII SC/ST Act, Police Station Milak, District Rampur from the present Investigating Officer, Dr. Tej Veer Singh, Circle Officer, Milak, Rampur to any other officer and to direct a fair investigation.
(2.) The facts, in brief, are that the petitioner fell victim to criminal act of respondent no. 5, Bal Kishan son of Sohan Lal, who forcibly entered the house of petitioner on 06.05.2014 at about 6.00 pm, and, committed rape at knife point. When she raised alarm, respondent no. 5 ran away, assaulting petitioner. She went to police station but no report was registered, whereupon she had no option but to move application under Section 156(3) Cr.P.C. before the concerned Magistrate. Ultimately, under his order, the report was lodged on 10.06.2014 at 13.00 hours against respondent no. 5.
(3.) Petitioner's statement under Section 161 Cr.P.C. was recorded by Investigating Officer only on 07.08.2014 in which she confirmed the offence of rape committed by respondent no. 5 and fortified the information given in first information report. Her statement under Section 164 Cr.P.C. was recorded before Magistrate on 12.09.2014 where also she confirmed her allegations levelled against respondent no. 5. Despite that the Investigating Officer, on the basis of some affidavits of some persons, submitted a final report no. 17 of 2015 on 15.10.2014.;