Allahabad HC questions 3-month delay in filing FIR in rape case; SSP, SHO to appear before court

Allahabad: Taking a serious note of inordinate delay of three months in filing an FIR on the basis of a complaint lodged by a rape survivor, the Allahabad High Court has directed the Allahabad SSP and the SHO of Phoolpur police station to appear before it on October 20.

Hearing a writ petition filed by the rape survivor seeking the registration of a case against culprits, a division bench comprising Justice Shashi Kant Gupta and Justice Pankaj Bhatia observed that "the present petition highlights the laxity shown by the officers in triggering the criminal justice system".

"The sequence of the evidence on the basis of instructions received highlights the sheer callousness of the police authorities in lodging the FIR after about three months of the alleged incident that too only after this court had intervened and had called for instructions," the court said. "It is well settled that the information disclosing a cognizable offence should be initiated with all expedition, the same is also necessary so as to bring the prosecution to its logical conclusion fairly," it said.

The Allahabad HC, in an order passed on Thursday said, "In the present case, the laxity, which has been done at the behest of the police authorities, has not been explained at all."

The court said there is no explanation as to why so much time was taken for lodging the FIR and for proceeding in accordance with the complaint made by the petitioner for such a long time.

It said 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.