- (1.) V.K. Gupta, CJ.
(2.) IN this writ application filed under Article 226 of the Constitution of India, the petitioner seeks quashing and setting aside of the order/communication dated 27.4.2002 whereby investigation in Hazaribagh Sadar P.S. Case No. 381/99 dated 9.10.1999 under Sections 376/385 and 120 -B, IPC has been taken over by the C.I.D., Jharkhand Police. The aforesaid order has been passed by the Additional Director General, C.I.D., Jharkhand Police. Undoubtedly, the aforesaid order was issued on 27.4.2002 and interim charge - sheet, before that date, had already been filed in terms of Section 173, Cr PC and the Court of the Chief Judicial Magistrate, Hazari -bagh had, therefore, already taken cognizance of the case The facts leading to the filing of this petition, in brief, which are slightly interesting, are that the writ petitioner Asha Singh is the younger sister of one Kamini Singh, who in 1981 was married to accused -respondent No. 5 Anil Kumar Singh, who is presently serving as Sub -Inspector of Police in Jharkhand State. As per the version of the petitioner, as finding a mention in the FIR also (admittedly lodged in 1999), the relationship between Kamini Singh and accused Anil Kumar Singh became strained, inter alia, on the ground of Kamini Singh having developed an illicit relationship with her brother -in -law. The FIR further goes to state that because of this estranged relationship between Kamini Singh and accused Anil Kumar Singh, the accused became infuriated and to appease and placate him, the parents of the petitioner, Kamini Singh and others hatched a conspiracy to send the petitioner to the accused, so that the petitioner and the accused could have illicit sexual relationship with each other. The maternal uncle of the petitioner was actually the person who took the petitioner to the accused in Hazaribagh. All this happened in the year 1985. It is also the case of the petitioner that she got married to one Sanjay Singh in the year 1987. The petitioners complaint goes on to state that even after 1987, on the compulsion of her parents, her sister and others, she continued illegal sexual relationship with the accused Anil Kumar Singh.
(3.) THE machinery of law, for the first time, was set in motion by the petitioner in the year 1999. The petitioner appears to have made complaints/representations to the National Commission for Women and the National Human Rights Commission. Apparently, at the instance of these commissions, the police registered the FIR, which,, as indicated hereinabove, contain the aforesaid allegations of the petitioner against the respondent.;