[Redacted] v. State of Haryana
In the High Court of Punjab & Haryana
CRM-M 22652/2022
Before Justice Suvir Sehgal
Decided on September 12, 2022

Relevancy of the case: Petition to direct the investigation agency to conduct the investigation in a case involving allegations of rape and violation of privacy

Statutes and Provisions Involved

• The Code of Criminal Procedure, 1973 (Section 482, 161)
• The Indian Penal Code, 1860 (Section 34, 120B, 323, 342, 376D, 384, 506)
• The Information Technology Act, 2000 (Section 66E)

Relevant Facts of the Case

• The present petitioner recorded her statement under Section 161 of the Code of Criminal Procedure, 1973, on April 25, 2022.
• She made allegations against the sixth respondent that her scooty was in his possession. Further, she stated that her ₹17,000 is lying in the almirah, one Samsung mobile is lying on the bed, and she transferred ₹32,000 to the sixth respondent’s account via PhonePe.

Prominent Arguments by the Advocates

• The deputy advocate general submitted that there is no allegation of sexual assault against the seventh and tenth respondents. Further, no offences under Sections 342, 376D, 384, and 120B of the Indian Penal Code, 1860 have been committed. The investigation is complete, and despite repeated calls, the complainant is not joining the investigation.

Opinion of the Bench

• The investigation has found that the sixth and seventh respondents are real accused persons. Moreover, since the complainant is unwilling to join the investigation, the prayer in this petition cannot be entertained.

Final Decision

• The court dismissed the petition.

As per one of our guidelines, we have removed the petitioner’s name from the case title. This guideline is available here.

Aparna Ajay, an undergraduate student at Symbiosis Law School, Hyderabad, prepared this case summary during her internship with The Cyber Blog India in January/February 2023.