S. KHANNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Petitioner has filed this petition under Art. 226 of the Constitution of India mainly contending that she is residing in the official accommodation i.e. Quarter No. G-18 at Police Lines, Korba, allotted to her husband, Shyam Singh Khanna, Assistant Sub Inspector in the Police Department. The Quarter No. G-16 has been allotted to one Ashok Khandekar, Assistant Sub Inspector of Police who is residing with his family. Respondent No. 7 is the son of Ashok Khandekar. It has been further contended by the learned counsel for the Petitioner that the Quarter No. G-18 was arbitrarily allotted by the Reserve Inspector i.e. Respondent No. 6-Sanjay Sahu to one Krishna Rathore, Assistant Sub Inspector of Police. The Petitioner's husband made a complaint to the Superintendent of Police, Korba. Considering the complaint made by the Petitioner's husband, the Superintendent of Police has directed the Petitioner to live in the said official accommodation i.e. Quarter No.G-18. This was annoyed to the Respondents No.5 to 7. Thereafter, the said Respondent No. 7 has started threatening and intimidating the Petitioner and her family, and always made an attempt to disturb the peace and tranquility of the family of the Petitioner.

(2.) The Petitioner has filed a complaint to the Superintendent of Police on 24/7/2020 wherein it has been contended that Respondent No.7 had forcefully entered into her house and made an attempt to commit rape on her. When she called her children, they came into the hall thereafter, Respondent No. 7, on seeing her children, left the place of occurrence and thereafter she submitted the report before police station on 23/7/2020. Again, she filed another complaint on 12/8/2020. It has been contended by the learned counsel for the Petitioner that the Respondent No. 7 has also filed a complaint which was inquired by the police as it is evident from Annexure R/2 report dtd. 19/8/2020 submitted by the Inspector Reserve, District - Korba, before finalizing the report. The statements of Shri K.K Rathore and Smt. Gayatri Verma have also been recorded and on the basis of their statements, the report (Annexure R/2) has been prepared, but police has not investigated on the complaint made by the Petitioner.

(3.) In view of the above factual matrix, learned counsel for the Petitioner would submit that FIR must be registered under Ss. 376, 511, 354, 120B, 34, 506B of the Indian Penal Code against the Respondents No. 5 to 7. She has also prayed for conducting departmental enquiry against the Respondent No. 6.