ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Section 482 Cr.P.C. read with Article 226 of the Constitution of India for quashing the order dated 09.06.2015, passed by JMIC, Faridabad in FIR No.139 dated 14.05.2015, registered under Sections 376-C, 354-A, 323, 120-B IPC, Police Station Ballabgarh Sadar, District Faridabad.

(2.) The facts which are essential to be stated are as follows. Respondent no.3, a convict undergoing sentence in a murder case made a complaint upon which FIR No.139 dated 14.05.2013 was registered under Sections 376, 354-A, 323, 120-B IPC. Allegations of sexual assault by Shahid Khan, Deputy Jail Superintendent in the District Jail, Faridabad were made. The petitioner was the Jail Superintendent in the same jail. The police filed a cancellation report. The victims approached the High Court for intervention. Vide order dated 04.08.2014 the petition was disposed of in view of the status report that was filed by the police. It noted that cancellation report had been submitted and the Court had summoned the complainant. A protest petition was later filed.

(3.) The petitioner received a notice regarding a DNA test. He pleads that the allegations of sexual assault were against the Deputy Jail Superintendent and no allegations were levelled against the petitioner and the FIR was registered on the directions of Chief Judicial Magistrate, Faridabad and a cancellation report was submitted, which was verified by the Assistant Commissioner of Police, Ballabgarh and was filed in the Court on 12.08.2013.