The Allahabad High Court has rejected the applications filed by the victim in Chinmayanand case seeking reinvestigation and directions to take stern action against the S.I.T. Officials who have beaten and threatened the family of the victim of dire consequences and to implicate them in criminal cases.
Applications were filed by the Law College Girl of Shahjahanpur who was a victim of rape committed by the Manager of the Law College, seeking monitoring of the investigation in the two FIRs, against the Accused Chinmayanand and to pass appropriate orders, if required, with reference to protection to the parents and family members of the Applicant-girl on assessment of the threat perception.
Issues That Arise For Consideration:-
- Whether the complaint dated 05.09.2019 ought to have been registered as a separate FIR and investigated as such. If so, its effect.
- Whether by clubbing the complaint dated 05.09.2019 made by Miss “A” with FIR No. 445 of 2019, any prejudice was caused to Miss “A”/victim. If so, its effect.
- Whether there has been any lapse in the investigation carried out by the Special Investigation Team warranting further investigation or fresh investigation in the matter by a fresh investigation team.
The case was heard by division bench comprising of Justice Manoj Misra & Justice Deepak Verma, who observed that in the instant case, in the response affidavit filed by the investigating agency it has been stated that all aspects raised in the complaint of Miss “A” dated 05.09.2019 were investigated and her statement under Section 164 Cr.P.C. was also recorded and after taking all aspects into account the report under Section 173 (2) Cr.P.C. was submitted. The bench was of the view that by clubbing of the complaint dated 5.09.2019 with the FIR No.445 of 2019 neither any illegality was committed nor any prejudice caused to the victim.
The bench with respect to third issue observed that in sensitive matters it may become inevitable to apprise the media about developments. But an effort should be there to exercise restraint and restrict the conference just to disclose the status of the investigation because a detailed conference disclosing material and opinion may result in prejudging the issue and may also have serious repercussions on the safety of the victim, accused and the witnesses. However, merely because press conferences were held it would not mean that the investigation is tainted or was biased.
The High Court while dismissing the application that the it is satisfied that investigating agency has duly investigated all aspects and after thorough investigation has submitted police report under section 173(2) CrPC in both the cases. Hence, no further action is required in these proceedings.
-India Legal Bureau