WP No.14057/2007
15.12.2010.
Shri Brijesh Shukla for the petitioner.
Shri P.K. Kaurav, Dy.AG, for the Respondents No.1 to 3.
Petitioner has sought the following relief :
i. to direct the respondents 1 & 2 to
make investigation of the complaint
by some independent and high
power committee or to some
higher officer or though C.I.D.
ii. To direct the respondents to make
fair and impartial investigation on
the entire incident and thereafter to
register criminal case against the
accused persons.
iii. To direct the respondents to
provide police protection to the
petitioner and her family members.
iv. To grant any other relief which may
deem fit and proper.
Grievance of the petitioner is that daughter of petitioner
namely ‘k’ was abducted and was raped by several persons under
the protection of one Panchulal Prajapati, State MLA. Though a
report was lodged, but, because of the State MLA who belongs to
ruling party, no action was taken by the police, so this petition was
filed.
Though return has been filed in which respondents have
stated that a criminal case was registered, but, from perusal of the
averments made in the complaint, petition and the affidavit of ‘k’ it
appears that matter deserves to be investigated by an
WP No.14057/2007
independent officer, without being influenced by the status of
culprits.
In view of the aforesaid, respondent No.2 (Two) is directed
to issue appropriate direction for investigation in the matter by
independent officer not below the rank of Dy.SP. Said officer shall
submit his report to respondent No.3 and in case any cognizable
offence is found, proper action shall be taken by the respondent
No.3 in that regard.
Aforesaid exercise shall be completed by the respondents
No.2 and 3 within a period of 60 days from the date of
communication of this order. Petitioner to communicate this order
forthwith to respondent No.2 along with a copy of this petition for
ready reference of respondent No.2.
Looking to the facts of the case, it is directed that none of
the party shall give publicity to this matter or report to the media
until unless investigation is completed by respondents No.2 and 3.
Petition stands disposed of with no order as to costs.
(Krishn Kumar Lahoti)
Judge
Khan*