Allahabad HC orders action against SHO for not filing FIR in gang-rape

Allahabad High Court
PRAYAGRAJ: Taking a serious note of delay of three months in lodging of first information report (FIR) in a gang rape case that too after intervention of the court, the Allahabad high court has directed the senior superintendent of police (SSP) of Prayagraj to ensure that FIRs be registered promptly, particularly when the matters relate to women and children.
Besides, the court also directed that strict action be taken against the then station house officer (SHO) of Phoolpur police station of Prayagraj district, Brijesh Kumar, after he failed to give explanation as to why he did not lodge the FIR of gang rape survivor despite specific direction issued by SSP, Prayagraj.
Hearing a writ petition filed by a gang rape survivor, a division bench comprising Justice Shashi Kant Gupta and Justice Pankaj Bhatia observed, “Such gross negligence and laxity on the part of the police department is highly deprecated and such gross negligence, and it we may say so ‘callousness’, is unbecoming of the conduct of a responsible officer entrusted with the obligation of performing the duties of a public office. Strict action is required to be taken against such persons in accordance with law.” The main grievance of the petitioner was that the first information report with regard to the gang rape was lodged after more than three months from the date of incident that too after the filing of the present writ petition.
Considering the facts and circumstances of the case, the court directed the SSP, Prayagraj to provide proper protection to the survivor girl as well as her family members. The court also directed the SSP, Prayagraj to ensure that the investigation in the matter be concluded expeditiously in accordance with law.
In order to ensure fair investigation in the matter, the court also directed the SSP, Prayagraj to monitor the investigation of the present case to ensure that the investigating agency conducts the investigation in a free, fair and time bound manner without any external interference. The court passed these directives on October 21.
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