FULIBEN ASHOKBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed seeking action under Sec. 12 of the Contempt of Courts Act, 1971 and sentence against the respondent nos.2 to 4 for willfully violating the directions of Supreme Court of India in the case of Lalita Kumari vs Govt. of U.P.& Ors ., AIR 2014 SC 187.

(2.) It is the case of the petitioner that on night of 2/5/2023 two persons namely (1) Vikrambhai Koli and (2) Vishal had sexually assaulted his daughter, who is aged about 15 years and raped her while she was sleeping on the terrace of her house and thereafter, the accused no.2 came to the house of the petitioner and started shouting.

(3.) Learned advocate Mr.Pandya appearing for the petitioner has submitted that the petitioner accordingly approached the police station for registration of the FIR against two persons namely (1) Vikrambhai Koli and (2) Vishal. It is also the case of the petitioner that the police called both these persons and kept them in custody on 3/5/2023, however, they were let off and no FIR has been registered. Thus, it is submitted that non-registration of the FIR against both the persons is in violations of the law laid down by the Apex Court in the case of Lalita Kumari (supra). He has submitted that there are clear violations of the guidelines issued by the Apex Court in the case of Lalita Kumari (supra) and since the petitioner is remedyless, he has filed the present application for initiation of contempt proceedings against the respondents.