Mona Panwar vs High Court Of Judicat.At Allahabd.& Ors

3. The facts giving rise to the present appeal are as under:

8. On receipt of notice issued by this Court, Mr. Anand Kumar, Deputy Superintendant of Police, Saharanpur, U.P. has filed reply affidavit mentioning inter alia that as per the office record maintained at the Police Station, Nakur or in the officer of the Senior Superintendant of Police, Saharanpur does not disclose receipt of any complaint from the Respondent No. 3. It is mentioned in the reply that when the impugned judgment dated September 10, 2009 passed by the learned Single Judge of High Court was brought to the notice of the authorities concerned a first information report was lodged at the Police Station, Nakur being FIR 36/2009 against accused Irshad and offence punishable under Section 376 IPC was registered. The reply proceeds to state that the Investigating Officer had recorded the statement of the Respondent No. 3 as well as that of her mother and the statement of her brother-in-law. But the mother and the brother-in-law had mentioned that 12 they were not eye-witnesses to the incident. The reply mentions that inquiries made by Investigating Officer with the neighbourers of the accused indicated that Respondent No. 3 was a divorcee and was residing at her parents house from the date of divorce. As per the reply of Deputy Superintendant of Police almost all neighbourers had unanimously informed the Investigating Officer that the Respondent No. 3 was not seen at her husband's house on 17th, 18th and 19th June, 2009 and thus the incident referred to by Respondent No. 3 in her complaint was found to be a concocted story. The reply further mentions that the Investigating Officer had recorded the statement of doctor who had medically examined the Respondent No. 3 and the doctor had categorically stated that medical examination of the Respondent No. 3 did not confirm allegation of rape made by her. What is relevant to notice is that in the reply it is stated that on completion of investigation the Investigating 13 Officer had closed the investigation and submitted the final report as contemplated by Section 169 of the Code on December 18, 2009.

12. On the facts and in the circumstances of the case, this Court is of the opinion that the disparaging remarks referred to above, made by the learned Single Judge of the Allahabad High Court, were not justified at all and, therefore, the appeal will have to be accepted.

13. For the foregoing reasons, the appeal succeeds. The disparaging remarks made by the learned Single Judge of the High Court of Judicature at Allahabad in Criminal Misc. Application No. 21606 of 2009, decided on September 9, 2009, while setting aside order dated August 1, 2009, passed by the appellant in case No. nil of 2009 titled as Shabnam vs. Irshad directing that the application submitted by the respondent No. 3 be registered as complaint and ordering the Registry to present the same before her for recording statement of the respondent 28 No. 3 under Section 200 of the Code, are hereby set aside and quashed. In this Appeal prayer is to expunge remarks made by the learned Single Judge of High Court against the Appellant. The other directions are not subject matter of challenge in the appeal, therefore, those directions are not interfered with.

14. The appeal accordingly stands disposed of.

February 02, 2011.