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Judgment
7 paragraphs · 395 wordsSabyasachi Bhattacharyya, J
The grievance of the petitioner is that, despite specific complaints having been lodged by the petitioner in respect of the offence committed against her under Section 376 of the Indian Penal Code, and, subsequently, on November 23, 2019 with regard to the respondent nos. 6 and 7 trying to influence the investigation and to screen the accused person, the police have not taken sufficient action on such complaints.
However, learned counsel appearing for the respondent-authorities files instructions received from the Officer-in-Charge, Ghola Police Station, which reflects that a First Information Report was registered under Section 376 of the Indian Penal Code against the prime accused and the police are making all endeavour to have an warrant of arrest issued for apprehending the said accused. It has further been mentioned in the said instructions that the primary accused is absconding. It appears from the instructions as well that, on the basis of the complaint dated November 23, 2019 made by the petitioner, a non-FIR prosecution was submitted under Section 107 of the Code of Criminal Procedure against the respondent nos. 6 and 7.
However, it is not clear from the instructions, filed in court today, as to whether the said respondent nos. 6 and 7 have either been arrested or any statement has been taken from either of them on the complaint lodged by the petitioner filed in respect of the offence under Section 376 of the Indian Penal Code as well as the complaint dated November 23, 2019.
Accordingly, the respondent no. 4 is directed to file a report with regard to the progress of the investigation on the allegation of rape as well as on the complaint lodged on November 23, 2019, disclosing therein whether statements has been taken from the respondent nos. 6 and 7 and/or whether the said respondents have been arrested.
It is made clear that the merits of the allegations made by the petitioner have not been gone into till this stage, and it will be open to the police, if they have not already taken steps to take statements from and/or arrest the respondent nos. 6 and 7 upon preliminary enquiry, to do so before the next returnable date.
The matter will next appear on January 14, 2020 at 10.30 A.M., when the respondent no. 4 shall file a report in compliance with the above direction.