NISHU Vs. COMMISSIONER OF POLICE, DELHI

JUDGEMENT

(1.) This writ application under Article 32 of the Constitution seeks directions from the Court for registration of first information report under Sections 376-C, 376-D, 376(2)(n) of the Indian Penal Code; for the arrest of the accused and for their prosecution after investigation of the case by the Central Bureau of Investigation. Appropriate action against the officers of the Delhi and Haryana police by way of departmental proceedings for their refusal/failure to register the FIR under the aforesaid sections of the Indian Penal Code as well as the provisions of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act') has also been prayed for.

(2.) The facts, in short, are as follows.

(3.) The respondent No. 1 i.e. Commissioner of Police, Delhi has filed an affidavit stating that inquiries have revealed that initially a FIR (319/2013) under Sections 363/366A dated 26.10.2013 was registered in Police Station Kalanaur, District Rohtak, Haryana on the written complaint of the father of the petitioner. It is further stated that on the basis of the statement made by the victim before the learned Judicial Magistrate First Class, alleging commission of rape by the accused named by her, a case has been registered and the accused persons have been arrested. As the matter is under investigation by the Haryana Police, the first respondent has contended that no order/direction is warranted insofar as the said respondent is concerned.