RAM KISHORE Vs. STATE OF U P
LAWS(ALL)-2013-5-221
HIGH COURT OF ALLAHABAD
Decided on May 28,2013

RAM KISHORE Appellant
VERSUS
STATE OF U P Respondents


Referred Judgements :-

RAM BABU GUPTA VERSUS STATE OF U.P. [REFERRED TO]
SURESH CHANDRA JAIN VS. STATE OF M.P. [REFERRED TO]
SUKHWASI VS. STATE OF U.P. [REFERRED TO]
LALITA KUMARI VS. GOVERNMENT OF U P [REFERRED TO]


JUDGEMENT

- (1.)Heard Shri Prabhat Agarwal, learned Counsel for the applicant and Shri Akhilesh Singh, learned Govt. Advocate assisted by Shri Vikas Sahai, learned AGA for the State. Brief facts of the case are that the applicant, who is the complainant of the case belongs to Scheduled Caste category. He has moved an application under section 156(3) Cr.P.C. against the accused persons alleging that they are notorious persons indulged in womanizing; specially molesting, physically harassing and threatening the girls. The daughter of the applicant, aged about 14 years, is a student of Class-Xth in Fateh Chandra Smarak Inter College at Udanpur in district Jalaun which is at a distance of 2 kilometres from her house. On the way, while going to school, she was followed by accused Ashish, who is student of B.A. in a degree college at Kadaura and he used to tease her, pass indecent remarks and ask her to marry with him. The accused Ashish caught hold of his daughter and physically harassed her. The daughter of the applicant after tolerating the said act of accused Ashish for several days, made a complaint to the Principal of the college on 1.3.2013 on which the Principal of the college after making an enquiry, made an endorsement on 10.3.2013 to the police personnel of police station Kurara recommending that the complaint of the daughter of applicant be registered and action be taken against accused Ashish, a copy of the same has been annexed as annexure-2 to the present application. When accused Ashish came to know about the said complaint being made by the daughter of applicant, he along with other co-accused persons armed with Lathi, Spear and Barchi came to the house of the applicant on 5.3.2013 and started abusing the applicant and his family members and further threatened them to be ready to face dire consequences, if any, complaint is made in future. On the alarm raised by the applicant, several persons of the locality gathered whereupon the accused persons fled away threatening the daughter of the applicant that they will entice her away. The Board Examination of the daughter of applicant is going on and he is very much worried about the security and safety of his daughter from the accused persons, hence he went to register an F.I.R. against the accused person. When neither the complaint of the applicant was entertained nor the F.I.R. was registered against the accused persons in spite of the endorsement made by the Principal of the institution, the applicant has made an application on 8.3.2013 to the Superintendent of Police, Hamirpur, copy of same was also sent to the District Magistrate, Hamirpur and D.I.G. Chitrakoot through a registered post. On the said application, the District Magistrate, Hamirpur had made an endorsement to the Superintendent of Police, Hamirpur to investigate the matter and thereafter proceed in accordance with law but no action was taken either by the police personnel of police station Kurara or by the Superintendent of Police, Hamirpur nor F.I.R. was registered. On being failed in all his attempts, the applicant had approached the Court of C.J.M., Hamirpur by moving an application under section 156 Cr.P.C. praying for registration of F.I.R. against the accused persons. The learned Magistrate has treated the said application as complaint and directed the applicant to appear before the Court for recording of statement under section 200 Cr.P.C. by passing the impugned order dated 11.4.2013.
(2.)From a perusal of the application under section 156(3) Cr.P.C., it is apparent that the allegations made in the complaint by the applicant as well as his daughter with regard to eve teasing etc. by the accused persons and non registration of the F.I.R. in spite of the endorsement made by the Principal of the institution as well as the District Magistrate, Hamirpur, who had made the endorsement to the Superintendent of Police, Hamirpur to enquire about the matter and for taking action in the matter, appear to be serious one.
(3.)This Court has come across several cases where the offence committed against the women like rape, molestation, even teasing and sexual harassment including other offences like certain financial scams etc. which are brought in the knowledge of the police officials, are not being attended by them in the districts of the State in spite of the matter being brought into the knowledge of the higher officials of the police, i.e., Senior Superintendent of Police/Superintendent of Police of the districts and the aggrieved persons have to come in the shelter of Court below as well as this Court for redressal of their grievance.


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