HC summons SSP Prayagraj for delay in FIR in gangrape case

Taking a serious note of inordinate delay of three months in lodging of an FIR of a gangrape victim and that too after the intervention of court, the Allahabad high court has directed SSP, Prayagraj, and station house officer, Phoolpur police station, Prayagraj, to appear before the court on the next date of hearing in the case on October 20.

Hearing a writ petition filed by the victim seeking registration of case against culprits, a division bench comprising justice Shashi Kant Gupta and justice Pankaj Bhatia observed, “There is no explanation as to why three months were taken for lodging the FIR and for proceeding in accordance with the complaint made by the petitioner for such a long time. There is nothing on record as to what action was taken by the senior superintendent of police (SSP) except merely forwarding the application of the petitioner before the station house officer.”

“On a prima facie consideration, this court is of the view that on account of the laxity of the police officials, the prosecution may be seriously affected, the action taken by the SHO in the form of lodging of the FIR on October 13, 2020 and the subsequent medico legal examination of the petitioner on October 14, 2020, are prima facie a hogwash. Considering the facts, which prima facie disclose the laxity on the part of the police authorities, this court is of the view that the matter needs to be taken seriously,” the bench further observed.

Expressing dismay over overlooking of earlier court directives by the authorities concerned, the court further said, “Needless to add that time and again the courts have emphasized about lodging of the FIR and conducing the medico legal examination with all expeditions. The respondent authorities, prima facie, have failed to take action as was expected of them. This court is of the view that the liability for the lapses, which are prima facie evident, should be fixed.”

The petitioner’s allegation was that on July 11, 2020, she was gang-raped by four persons and that she tried to lodge an FIR but it was not registered by the police. Thereafter on July 22, the petitioner claims to have submitted an application before the SSP, Prayagraj, highlighting that despite her best efforts, the FIR was not being registered.

Once again, the petitioner claims to have filed an application on July 23 informing the SSP that the FIR was not being lodged. Ultimately, the petitioner approached this court by filing a petition on July 30. Subsequently, the FIR was registered on October 13.