KAILASHI BAI Vs. STATE OF MP

JUDGEMENT

(1.) This petition under section 482 of CrPC, 1973 has been filed seeking a direction to the respondents for investigating the matter in Crime No.331/2017 registered at Police Station Raghogarh, District Guna for the offence punishable under Sections 376, 506 of IPC and Sections 3(1)(w)(i), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in a free and fair manner.

(2.) It is submitted by the counsel for the applicant that the applicant was sexually violated by the accused, on 05/09/2017, at about 08:00 am. Although the applicant has lodged a specific FIR alleging against the accused but the police has not investigated the matter so far and has not arrested the accused. Thus, this petition has been filed seeking a direction to the police authorities to investigate the matter in a free and fair manner and to arrest the accused.

(3.) So far as the direction for arresting the accused is concerned, the Supreme Court in the case of D. Venkatasubramaniam v. M.K. Mohan Krishnamachari reported in (2009) 10 SCC 488, has held as under:-