SWALEHA HUSSAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By order dtd. 16/11/2021, this Court had directed the Senior Superintendent of Police, Nainital to appear before this Court at 10:15 AM today. However, at 10:15 AM, this Court was informed by the Additional Superintendent of Police that they cannot locate the whereabouts the Senior Superintendent of Police, Nainital. This was a startling fact which was revealed. For, the police has all ways and means for locating its own officer wherever that officer may be. Therefore, this Court has directed the Director General of Police, Uttarakhand to appear before this Court through video conferencing, and also directed the Senior Superintendent of Police, Nainital to equally appear before this Court through video conferencing.

(2.) Consequently, both the learned Director General of Police, Uttarakhand, and the Senior Superintendent of Police, Nainital are before this Court through video conferencing.

(3.) This Court had brought to the notice of the learned Director General of Police about the laxity in the present case. Despite the fact that the complainant had filed a complaint before the Station House Officer, P.S. Mallital, Naintal, no FIR was registered upon her complaint. This was in spite of the fact that the complaint did show the occurrence of a cognizable offence. Even on 14/11/2021, the complainant filed a detailed complaint naming three persons, but even then her statement under Sec. 161 of Cr.P.C. was not recorded by the concerned S.H.O.