SWARAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER is an accused in FIR No. 65 of 2014, registered under Sections 376, 506 of the Indian Penal Code, in Police Station, Gagret, District Una. He apprehends his arrest in connection with the case so registered against him.

(2.) THE status report placed on record by learned Additional Advocate General and record produced by the Investigating Officer reveal that the case against the accused -petitioner has been registered at the instance of the prosecutrix (name withheld), with the allegations that her husband is engaged in the business of timber in Gagret area and her son is also assisting him in the said business. The accused, who happens to be the Deputy Ranger in the Forest Department, allegedly started coming to their house sometime four years ago and under threat of implicating her husband and son in some case, developed physical relations with her. She objected to it on various occasions, but of no avail as he was putting her under constant threat and fear, continued exploiting her sexually. Now, the accused -petitioner started torturing her otherwise also as he allegedly opened fire at her son and on his instance police has even registered a criminal case also against her son. It is on the complaint with such allegations the complainant filed in the Court of learned Additional Chief Judicial Magistrate, Amb, District Una, the case came to be registered against the accused -petitioner.

(3.) THE prosecutrix for the first time levelled the allegations of her physical harassment by the accused -petitioner in a complaint made to Women Cell in January, 2014. However, when the Women Cell called upon her to assist the Cell in getting the inquiry conducted into the allegations in that complaint, she seems to have refused to do so on the pretext that she is mentally disturbed, hence the proceedings in the said complaint, instead of making statement as required, sought to be kept pending. However, on the report of S.H.O., Police Station, Gagret, the Superintendent of Police, Una has ordered to file the complaint. It is thereafter an application under Section 156(3) of the Code of Criminal Procedure came to be filed by her in the Court of learned Additional Chief Judicial Magistrate, Amb, District Una and on the basis of the order passed in the application, this case has been registered against the accused -petitioner.