Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1148 of 2011 ====================================================== Rubi Kumari, D/o Balmukund Singh, resident of village-Soniawan, P.S.- Telhara, District-Nalanda. .... .... Petitioner Versus 1. The State of Bihar. 2. The Director General of Police, Bihar, Patna 3. The Inspector General of Police, Central Range, Patna 4. The Superintendent of Police, Nalanda. 5. The Deputy Superintendent of Police, Nalanda .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 03-09-2012 Heard learned counsel for the petitioner and the State. With respect to an occurrence which is alleged to have taken place on 4.6.2008 at 10.30 a.m., a complaint was filed in the court of the learned A.C.J.M., Hilsa on 24.6.2008. The learned A.C.J.M., Hilsa referred the complaint in exercise of the powers conferred under Section 156(3) of the Code of Criminal Procedure to the police for investigation, pursuant to which Telhara P.S. Case No. 57 of 2008 dated 9.7.2008 was registered for the offence punishable under [STATUTE] against one Sanjeev Kumar, son of Thakur Prasad. The police investigated the case and submitted its report Patna High Court CR. WJC No.1148 of 2011 (4) dt.03-09-2012 2 / 4 2 under Section 173(2) of the Code of Criminal Procedure. In course of investigation, the allegation made by the petitioner was found to be false and, thus, the accused was not sent up for trial. To the contrary, the police recommended for action against the petitioner under [STATUTE] . Contention of the petitioner is that the incident which took place on 4.6.2008 was immediately reported to the police on 5.6.2008 but the police did not institute the F.I.R. The petitioner, thereafter, again approached the concerned police station on 9.6.2008 but with no result and ultimately she had to file a complaint before the Court. The petitioner had made a complaint in this regard to the Director General of Police, Patna. When no action was taken, he filed a writ petition before this Court being Cr. W.J.C. No. 16 of 2009 in which vide order dated 10.2.2009, a Bench of this Court directed the Director General of Police, Bihar, Patna to take appropriate action on the application of the petitioner, if already not taken, within three months from the date of receipt/production of a copy of the order. Since, no order was passed within the stipulated period the petitioner had to file a contempt application before this Court and subsequently, the Director General of Police, Bihar, Patna, by his order dated Patna High Court CR. WJC No.1148 of 2011 (4) dt.03-09-2012 3 / 4 3 5.8.2011 found the allegation made by the petitioner against the police officer concerned to be false. In the present writ petition the petitioner prays that the order passed by the Director General of Police, Bihar, Patna, as contained in Memo No. 3178 dated 5.8.2011 be quashed, a direction be issued upon the respondents to institute F.I.R. against the then Officer-in-Charge of Telhara Police Station and further direction be issued upon the respondents to submit charge sheet in the case to be instituted against the Officer-in-Charge concerned. In my view, the writ petition is misconceived. The Director General of Police has inquired into the matter and found the allegation made by the petitioner to be incorrect and false. Even otherwise the police has found the allegation to be false and submitted a report to the court concerned in which recommendations have been made to prosecute the petitioner in terms of [STATUTE] . The order passed by the Director General of Police, Bihar, Patna goes to suggest that the learned A.C.J.M., before whom, the police submitted its report has accepted the report and has directed to institute a regular complaint on the basis of protest made by the petitioner. Patna High Court CR. WJC No.1148 of 2011 (4) dt.03-09-2012 4 / 4 4 Under such circumstance, I find no illegality in the order as contained in Memo No. 3178 dated 5.8.2011 passed by the Director General of Police, Bihar, Patna. I further find that there is no merit in the prayer that a direction be issued upon the respondents to institute the F.I.R. against the S.H.O. concerned. In the result, the writ application, being devoid of any merit, is dismissed. Sanjeet/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.