LAXMAN PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) A very innocuous prayer has been made in the present petition under Article 226 of the Constitution of India for issuance of directions to the police authorities to initiate action against the private Respondent invoking the provisions under the Protection of Children from Sexual Offences, Rules 2020.

(2.) It is submitted by the counsel for the petitioner that daughter of the present petitioner is below 16 years of age, who was earlier subjected to sexual abuse by one Rajit Gurjar against whom the FIR has been registered at Police Station Kotwali, District Datia under Sec. 363 of the IPC vide Crime No.0688 of 2022 and later on, during the course of investigation, Ss. 376 and 366 of the IPC, Sec. 5/6 of the POCSO Act and Sec. 3(2)(v)a, 3(2) (w) of the Scheduled Castes and Scheduled Tribes Act, have been enhanced and the primary investigation thereof revealed that the minor daughter of the petitioner was subjected to rape, the private respondents being relative of the said accused with ill-intentions are misguiding the daughter of the petitioner time and again and at their instance, she even leaves his house. A complaint in this regard has been made to the police officials vide complaint dtd. 10/1/2023 but till date, no action has been taken by the police authorities. It is further contended that there are rules framed in exercise of the powers conferred by Sec. 45 of the Protection of Children from Sexual Offences Act, 2012 by the Central Government which are named as Protection of Children from Sexual Offences Rules, 2020 (for short "Rules 2020") wherein there are provisions that in such type of cases where a minor girl is put to harassment, action is solicited. But, no action has been taken till date, hence, the petitioner is constrained to move this Court.

(3.) Heard learned counsel for the parties and perused the record.