MADHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) OURS is a country which is governed by the rule of law. Our Constitution gives protection to everybody. In other small words, every body is equal before the law. When the rain spreads, it does not discriminate anybody. It does not see whether it is raining on the Kotha of a poor person or on the Place of a rich man. This rule of nature has virtually been accepted under Articles 14 and 16 of the Constitution of India. But here is a case where the State of Haryana has not been able to discharge its duties in an impartial manner and that is the reason that the cause has been taken up by Madhu, the present petitioner, who has filed the present petition under Article 226 of the Constitution of India read with section 482, Cr.P.C., seeking the directions of this Court against the respondents 1 to 3 for the registration of a criminal case u/s 354 read with section 509, IPC against Shri S.P.S. Rathore, posted as Addl. Director General of Police, Haryana.

(2.) ALLEGATIONS in this case are virtually unfortunate. It is alleged against Shri Rathore that when he was posted on deputation with the Bhakra Beas Management Board and when he was the President of the Haryana Lawn Tennis Association, Panchkula (hereinafter referred to as 'the HLTA') he went to the house of Shri S.C. Girhotra on 11.8.1990 at his house bearing No. 363, Sector 6, Panchkula, at about Noon time and asked Shri Girhotra not to send his daughter Ruchika to Canada as she was a very promising tennis player and that he would provide her extra coaching. Shri Rathore also asked the father of the prosecutrix to send his daughter to him on 12.8.1990 at about 12 O'clock in his house which is also the office of the HLTA. On 12.8.1990, Ruchika along with her friend Reemu, a member of the HLTA, daughter of Shri Anand Parkash, Superintending Engineer, Haryana State Marketing Board, Panchkula, went to see Shri Rathore, who sent Reemu to fetch the coach of the tennis and finding Ruchika alone, started misbehaving with her and tried to molest her. In the meantime, while Shri Rathore was trying to outrage the modesty of Ruchika, Reemu returned without the coach. Shri Rathore, again, tried to send Reemu back to bring the coach personally. Getting a chance, Ruchika ran out of the room. Reemu also came out of the room. When Reemu was going out, Shri Rathore asked her to tell Ruchika to calm down and he would do whatever she would say. Again, on 14.8.1990, Shri Rathore summoned Ruchika in his office in the evening at about 6.30 PM. However, she did not go there fearing that Shri Rathore might misbehave with her again. Ultimately, she informed her father about the misbehaviour by Shri Rathore on 12.8.1990. The members of the HLTA and the respectables of Sector 6, Panchkula, tried to meet Shri Rathore on the same day, i.e. 14.8.1990, but Shri Rathore did not make himself available.

(3.) IT appears that this report has not been acted upon as recommended by the Director General of Police. The State thought it proper to proceed departmentally against Shri Rathore. Not satisfied with the action taken up by the State Govt., the present writ petition was filed by Smt. Madhu w/o Anand Prakash, in the year 1997.