RAJESH BINDAL,J. - (1.) THE prayer in the present petition is for a direction to the official respondents to register a case under Sections 376, 366 365, 364, 347, 346 506 IPC against respondents. Nos. 5 and 6 and further for entrusting the same for investigation to the Central Bureau of Investigation or any other high level agency other than Punjab Police.
(2.) BRIEFLY , the facts as stated are that the petitioner belongs to a respectable religious family. The family of the petitioner came to know that respondent No. 5 Maan Singh of Pehowa was giving various discourses/kirtan at different places. The petitioner being interested therein, used to attend the same. The incident, on the basis of which the registration of FIR is prayed for, allegedly occurred on 15.03.2006. It is stated by the petitioner that she was present alongwith her mother at the Dera of baba at village Dheena, Jalandhar. Mother of the petitioner was doing sewa of preparing langar; whereas the petitioner was mopping and cleaning the floors there. At abou 4:00 p.m. one Harbans Singh, who is very close to the baba, called the petitioner and directed her to wash her hands and go to his room. The petitioner feeling honoured, immediately went to his room. Harbans Singh, while moving out of the room, closed the door. Baba directed the petitioner to fetch the bottle of oil and massage his head. In the process, he started explaining many good things about the great Saints. It is further alleged in the petition that before the petitioner could understand all, baba caught hold of her by force and, throwing her down, committed rape against her wishes. The hue and cry of the petitioner could not be heard by anyone as the room was built in such a manner where no human noise or raula could be heard outside. After the incident, the petitioner was threatened not to disclose the same to anyone else. The petitioner came out of the room of the baba and narrated the entire incident to her mother. As it was already 9:30 p.m., both of them left the dera and reached Shri Harminder Sahib, Amritsar and spent the night there and in the morning left for their village. As it was the matter of dignity and reputation of the family, the matter was not immediately reported to the police. On 18.03.2006, a complaint was filed to SHO, Police Station Sadar, Jalandhar but no action was taken thereon. Thereafter representation was sent to Sardar Joginder Singh Vedanti, Jathedar of Sri Akal Takht Sahib bringing to his notice the heinous crime committed by the baba vide letter dated 20.05.2006. The same was responded vide communication dated 13.10.2006 (Annexure P3). It is further alleged that one Gurvinder Singh Samra who was earlier close to respondent No. 5, started raising voice against the baba and started exposing him, however, he was showered with series of FIRs at different places with similar allegations, which were referred by this Court for investigation by CBI vide judgment of this Court in Criminal Misc. No. 37885-M of 2007 Dr. Gurvinder Singh Samra v. State of Punjab and others, decided on 15.2.2008. The petitioner even sworn an affidavit on 25.06.2007 and also made a complaint to the Punjab State Human Rights Commisson, Chandigarh. In this factual matrix the prayer of the petitioner is for a direction to the officials respondents to register FIR against respondents Nos. 5 and 6 and also to transfer the same to CBI for investigation.
(3.) IN response to the contention raised by the learned counsel for the petitioner, learned counsel for the respondents submitted that after receipt of the copy of the petition, the inquiry was marked to Deputy Superintendent of Police, Rural-II, Jalandhar. In the process of inquiry, the petitioner as well as her mother and father were examined. The statements of respondents No. 5, 6 and one Karamjit Singh were recorded. Place of occurrence was also visited. On verification of the record, it was found that the complaint dated 18.03.2006, which was allegedly given to SHO, Police Station Sadar, Jalandhar, was not received. Even the alleged complaint dated 26.06.2007, filed with the Punjab State Human Rights Commission, was not received in the office of SSP, Jalandhar. In addition thereto a list of 20 cases was attached as Annexure R2 with the reply stating therein that the petitioner, her father and mother were involved in a number of cases and accordingly do not have clean record. It was further mentioned that in fact baba was not present at the dera on the date of occurrence. The situation of the place of occurrence, as stated by the petitioner, did not tally at the spot and further that the petitioner did not get her medically examined immediately after the occurrence. It is further submitted that the petitioner has effective alternative remedy to approach the Magistrate under Section 156 Cr.P.C or filing a complaint.;