c^> Ijivisiors Bench ^•'f"-) -^n^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. JL-30^ /2005 PETITIONER ^ ^w/ JW ^ Forum for Fact Finding Docuraentation and Advocacy, Raipur (C.G.), through - Its President Subash Mohapatra, son of Late - Jalandhar Mohapatra, aged about 31 years, resident of A-3, Sahani Vihar Telibandha, Raipur (Chhattisgarh) ffi VERSUS RESPONDENTS co^ y^c'0 '&'• '& ^ cus.^ w ^. G' ^'^ z\^ ^ T^ 1. State of Chhattisgarh, through - Secretary Departanent of- Home, D.K.S. Bhawan, Raipur (CG) 2. The Superintendent of Police, Bastar, Jagdalpur (C.G.) 3. Police Station House Officer, Police Station - Bhanpuri, Bastar, Jagdalpur (C.g.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OP INDIA s^ *11*1ril ^ITq? ' \jwi ^i«in«,UTtl'd<is, Rrtitiy; <jj,P,lOo- •2-cl<S<6|^-oo~T sn^?T'wi; ('i^gro) sn^siiRi R-fjcb ?raT3II^T*Hi<b S^ITm^lfeT3I1^?T i)l<itn<Ili *iiiCTl'^"fa'<l '<lult<;l'< iPSlRtHSII^I ^>r, TJIViaCW1! BfcNU-l HOMa-E SI^RI AK PATNAIK CU. & HOMBLE SHFS SAT1SH K 10.08.2005 w.p.No.2areior2oo5 Heard Mrs. Meena Shastri Mr. Pramod Verma, Additional Chhattisgarh. This is a PIL fited by Fon ^IHOTRI, J. , leamed counsel for the petitioner and Advoeate General for the State of m for Fact Finding Documentation and Advocacy, Raipur (C.G.). In th^ PIL it is alleged that on the night of 19.01.2005 one Gulab Chandra information report was lodged on under Sections 456, 376 of IPC Jain entered into the house of the prosecutrbt Kumari Bhagyawati ar|d committee rape on her forcibly. First 22.01.2005 and a case was registered id Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Preventior) of Atrocities) Act, 1989. But the said accused Gulab Chandra Jain has| not been arrested and was residing in the local vitlage and movlng around|freely. On 13.07.2005 the Court i^sued notices to the respondents namely State of Chhattisgarh through| Superirtendent of Police, Bastai^ return was fited on behalf of tM Secretary, Home Departmerrt, the Jagdalpur and Police Station House Officer, Potice Station, Bhanpuri, ^astar. In response to the said notice, a respondents stating irter aBa that the investigation was being conduc(ed and statements of 11 witnesses including the prosecutrte has beeil has been seized and sent for exa was arrested on 19.07.2005. recorded and the clothes of the victim nination and that the aforesaid accused SP/FS/2005-20,000 *11<1«1^IT^ ' \}Tre| -t4|«lcl<<,t?-al'<1<|(»,fclrtl'dy .^.f.-..^:.lrc}o?l?^ SH^ST iRtp (lyljei.E;) 31T^?I!RlR*li* aaiT3II$?Tri>*fi<h eraiiiR^ifcTsn^sT -z WKlfcxill fiinV^'fexB xfui'i'ci't iRaiRl*l3ii^?T explan^tion on 25.07.2005, this Court- Bastar, Jagdalpur, Station House as well as the Investigating Office arrest of the accused person took took place on 19.01.2005 ^nd Pursuant to the said order,, tl' Jagdalpur Shri G.P. Singh has fili has already catled for the (SC/ST), Smt. Milena Kurrey for the case. An affidavit has also b that she has made all efforts from accused Gulab Chandra Jain, but whereabouts of the accused. f before the Special Court (Atrocitii onty thereafter she was able to an 19.07.2005. In para 11 of the s; during the period from January, 2 Inspector and Inspector, totaling vacant and she had only a Constables with her. As to whether or not, the e) accepted or action is to t»e taken which is to be taken by her c authority will consider the explans decision as to whether to initiate lapses, wtthin a period ofthree mo staft c|alled upon the Superintenclent of Police, pfficer, Police Station Bhanpuri, Bastar )r to file the explanation as to why the plaee on 19.07.2005 when the offence |the FIR was lodged on 22.01.2005. )e Superintendent of Police, Bastar, ^d an affidavit slating inter alia that he from Dy. Superintendent of Police the alleged tapses and carelessness in i|sen filed by Smt. Milena Kurrey stating 131.01.2005 to 16.07.2005 to arrest the tiobody could provide the ctue about the (inally, the anticipatory bail application ;i^s) of the accused was dismissed and 1est the accused Gulab Chandra Jain on bid affidavit she has •further stated that p05 to July, 2005 all the posts of Sub- (hree in the Police Station A.J.K. were of two Head Constables and eight planation of Smt. Miena Kurrey is to be against her for the lapses is a decision iscipiinary authority. The disciplinary tion of Smt. Milena Kurrey and take a proceedings against her or not for the nths from the date of receipt of the copy SP/FS/2005^ 20300 TPTOT^TT^ ' d-cq <-qi«lrt«,U-rfl'<-l<l<»,(c|rtl'(iy'< ,,P,MO. T-c\^h-Qof -SrfS' 3H^?T CR^ (yif^q^) ail^CTwR'fi* asnan^?!**)!* B^ITSR^lR?T aiI^CT -^ <bl«fd41-f•<l*fd1'^"ls'<l <[uiti;l'( ^aif^Tsir^r Subbu of thjs order. But It is most unfd and Inspector, totaling three in vaeaht for theperiod from Janu^ rtunate that the posts of Sub-inspector Police Station A.J.K. have been lying ry 2005 ttf July 2005 as stated in the afRdavit of Smt. Milena Kurrey. Ihe higher authorities and particularly the Superintendent of Police, Bastar, |Jagdalpur and the Home Secretary will ensure that the said posts of Sub-fnspector and Inspector in Police Station A.J.K. are promptly fitled up, ^o that the Police is able to function effectively both in law and order m atters and in investigation matters. With the afbresaid direction^, the writ petition stands disposed of. There shall be no order as tt? costs. Sd/- SdA II s"nil Kumar Sinha chiefJustice " Judge SP/FS/20p5-*20,000 7f^ K^ A-