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2007 DIGILAW 2831 (ALL)

PANKAJ MISHRA v. STATE OF U P

2007-11-23

G.P.SRIVASTAVA, SUSHIL HARKAULI

body2007
SUSHIL HARKAULI AND G. P. SRIVASTAVA, JJ. ( 1 ) ADMITTEDLY, the respondent no. 4 who is a lady lodged a false F. I. R. against the petitioner under section 376, I. P. C alleging rape of respondent No. 4 by the petitioner. When this writ petition was filed by the accused-petitioner for quashing of the F. I. R. , the respondent No. 4 appeared through a Counsel, admitting lodging of the false F. I. R. and supporting the petitioners case. ( 2 ) BECAUSE lodging of false F. I. R. under section 376, I. P. C. which is not only a serious offence but also an offence involving moral turpitude, which may have very serious social and family repercussions apart from the legal consequences causing irreparable injury to the accused, therefore, we required the respondent no. 4 to disclose why she had lodged the false F. I. R. Initially the respondent no. 4 took the stand that her signatures were obtained on blank papers which were used for scribing and lodging the false F. I. R. But this contention was found to be absolutely false because the Investigating Officer who had been called by this Court appeared with the General Diary which mentioned that the girl had gone personally to lodge the said F. I. R. to the police station along with her mother and brother. Thereafter, the girl changed her stand that she was persuaded to lodge the F. I. R. by some student leader, although the G. D. entry suggested that she was persuaded to lodge the said F. I. R. by her family members. We required the girl repeatedly on several dates to disclose upon an affidavit as to who were the persons who instigated her to lodge the F. I. R. and in what manner. ( 3 ) THE respondent No. 4 did not comply with the directions of the Court and instead adopted a rigid stand that she would not disclose any facts, but submitted that she should be dealt with sympathetically. We decline to do that having regard to all the circumstances stated above. ( 3 ) THE respondent No. 4 did not comply with the directions of the Court and instead adopted a rigid stand that she would not disclose any facts, but submitted that she should be dealt with sympathetically. We decline to do that having regard to all the circumstances stated above. ( 4 ) WE, therefore, direct the respondent No. 3 i. e. the Officer-In-Charge of Police Station Atarra, District-Banda to register an F. I. R. against the respondent No. 4 under various sections, which may be applicable, for example, sections 182 and 211,i. P. C. The respondent No. 3 will thereafter either himself or through an investigating officer investigate the case thoroughly and place the papers for scrutiny by this Court before submitting the report under section 173, Cr. P. C. This scrutiny is being directed to prevent the respondent No. 3 from being unduly influenced in the investigation. The investigation will be completed within three months. It is also clarified that the scope of investigation will also include any other person or persons who are found to have influenced or forced the girl (respondent No. 4) in lodging the false F. I. R. If necessary for the purpose of investigation, the Investigating Officer will have the power to arrest the accused. ( 5 ) THIS case will be listed after three months. ( 6 ) THE learned A. G. A. will communicate this order to the Officer-In-Charge of Police Station Atarra, District-Banda through Superintendent of Police, Banda by fax for immediate compliance. Copy of this order may be given by the office to the learned Government Advocate free of charge within a week. Till the next listing, the arrest of the petitioner in Cage Crime No. 233 of 2007 under sections 452/376/506, I. P. C. of P. S. Atarra, District-Banda, will remain stayed. Ordered Accordingly. .