HC directs MHA, MEA to trace complainant
JODHPUR, Oct. 15 -- The Rajasthan high court has directed the Union ministries of home affairs and external affairs to help ascertain the whereabouts of a woman believed to be living in the United States and facilitate service of summons on her in a pending petition seeking quashing of a rape case registered in Jaipur.
Justice Anoop Kumar Dhand passed the directions on Tuesday, while hearing a petition filed by Chander Bhushan Singh, who has sought quashing of an FIR registered in 2022. The court noted that repeated attempts to serve notice on the complainant over the past two years had failed. Her present whereabouts in India could not be ascertained and the investigating officer informed the court that her relatives had reported that she was living in the US. However, they had not provided her complete address or contact number.
"The prosecutrix is the star witness in the present case and the investigation cannot proceed effectively without her participation," the bench observed.
The court was informed that the woman had initially approached the investigating officer on July 1, 2022, accompanied by her husband, stating that she had lodged the FIR out of anger and did not wish to pursue the case. However, when a senior police officer contacted her on November 24, 2022, to verify the application, she reportedly said it had been submitted under pressure and that she wanted to pursue the case, alleging rape. The investigation was subsequently reopened and remains pending.
Noting the need to secure her presence, the court invoked Section 110 of the Bharatiya Nagarik Suraksha Sanhita, read with the India-US Mutual Legal Assistance Treaty and the relevant guidelines, to facilitate service through diplomatic channels.
The investigating officer has been directed to submit the complainant's available particulars, including passport details if available, along with the required documents to the Ministry of Home Affairs within 21 days. The court registry will forward a formal request for transmission to the competent authority. The matter will be listed after eight weeks to review compliance....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.