Vandana Keelor, TNN | Oct 23, 2011, 03.02AM IST
NOIDA: In another major setback to the Uttar Pradesh administration, Allahabad High Court on Friday upheld the decision of a Gautam Budh Nagar court to register cases against 16 policemen in the Bhatta Parsaul rape case. The court rejected the plea of the state government to quash the decision of the lower and ordered that an FIR should be filed against the accused cops.
The court also came down heavily on the Dankaur SHO for challenging a magistrate's order. Two petitions had been filed in this connection and the court had clubbed both of them, disposing them with a single order. The order pronounced by Justice SC Agarwal said, "The state government had no business to challenge the lower court's decision", ordering the police to register an FIR on the complaint of the victim. The court also said the "Order passed by the magistrate cannot be called illegal and doesn't require any interference by this court". The court added that "The correctness or falsity of the allegations can be ascertained only after thorough investigation (for which an FIR has to be registered)". "An accused person has no right to challenge an order passed under Section 156 (3) CrPC", the court said.
"The state has no business to challenge the impugned order", the court ruled before dismissing both writ petitions.
Earlier, the court of the chief judicial magistrate in Gautam Budh Nagar had directed registration of FIR against 16 PAC and police personnel on the basis of a complaint filed by a woman from Bhatta village, who was alleged raped by the PAC personnel. She had alleged that on May 7, around 10 pm, the accused had barged in her house and damaged property before raping her. Her husband, meanwhile, had been detained in police custody. A complaint at Dankaur police station and administration went unheeded, the complainant had alleged.
The police had filed a revision petition in the sessions court seeking to quash and set aside the order of the magistrate on September 22 claiming that the "allegations of the alleged victim were baseless and incorrect". In the petition, the police also claimed that the state had already initiated a "CBCID probe into the matter" and hence, "no fresh FIRs" were required. Counsel for the rape victim, Ved Prakash Sharma said, "Allahabad High Court has now rejected the petition and maintained the magistrate's order. The station officer of Dankaur police station has been directed to register an FIR and conduct an investigation into the case."
Link: Bhatta Parsaul protests: Women speak out after six months, allege rapeThe court also came down heavily on the Dankaur SHO for challenging a magistrate's order. Two petitions had been filed in this connection and the court had clubbed both of them, disposing them with a single order. The order pronounced by Justice SC Agarwal said, "The state government had no business to challenge the lower court's decision", ordering the police to register an FIR on the complaint of the victim. The court also said the "Order passed by the magistrate cannot be called illegal and doesn't require any interference by this court". The court added that "The correctness or falsity of the allegations can be ascertained only after thorough investigation (for which an FIR has to be registered)". "An accused person has no right to challenge an order passed under Section 156 (3) CrPC", the court said.
"The state has no business to challenge the impugned order", the court ruled before dismissing both writ petitions.
Earlier, the court of the chief judicial magistrate in Gautam Budh Nagar had directed registration of FIR against 16 PAC and police personnel on the basis of a complaint filed by a woman from Bhatta village, who was alleged raped by the PAC personnel. She had alleged that on May 7, around 10 pm, the accused had barged in her house and damaged property before raping her. Her husband, meanwhile, had been detained in police custody. A complaint at Dankaur police station and administration went unheeded, the complainant had alleged.
The police had filed a revision petition in the sessions court seeking to quash and set aside the order of the magistrate on September 22 claiming that the "allegations of the alleged victim were baseless and incorrect". In the petition, the police also claimed that the state had already initiated a "CBCID probe into the matter" and hence, "no fresh FIRs" were required. Counsel for the rape victim, Ved Prakash Sharma said, "Allahabad High Court has now rejected the petition and maintained the magistrate's order. The station officer of Dankaur police station has been directed to register an FIR and conduct an investigation into the case."
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