NILAM DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A minor girl, aged about 13 years lodged a complaint before the S.H.O. Rupaspur Police Station on 22/12/2023 alleging, inter-alia, that his cousin brother had committed the offence of sexual assault and also took some objectionable photographs of the said minor and made it viral in social media but police did not lodge any F.I.R. on the basis of the said complaint. Subsequently, on 27/12/2023 the victim made similar complaint to the Additional Superintendent of Police, Patna with copy to the Senior Superintendent of Police, Patna under registered speed post, even than no F.I.R. was lodged on the basis of the said complaint.

(2.) Finding no other alternative the petitioner has filed the instant writ petition under Article 226 of the Constitution of India for issuance of writ in the nature of mandamus directing the police authority to register the F.I.R. against the accused persons.

(3.) Having heard the learned counsels for the parties and on perusal of the writ petition and the counter affidavit, this Court finds that the official respondents have grossly violated the provision under Sec. 154 of the Cr.P.C. even in connection with an incident which reflects prima-facie an offence under the POCSO Act, since cognizable and non- cognizable.