High Court grants interim relief from arrest to government counsel in connection with a rape case (Read Order)

The Allahabad High Court has passed an order to restraining the Police from arresting a government counsel in connection to a rape case under section 328, 354(A), 376 I.P.C. lodged against him by a younger lawyer in police station Vibhuti Khand, Gomti Nagar district Lucknow.

“looking to the contents of the F.I.R., prima facie, we are satisfied that a case for intervention is made out to the extent that the petitioner (accused) may not be arrested in connection with the case crime no. 0326 of 2020, under Sections 328, 354(A), 376 I.P.C., police station Vibhuti Khand, Gomti Nagar district Lucknow till the next date of listing.”  Observed by the court while dealing with the plea filed by petitioner (accused).

Additional Chief Standing Counsel in the Lucknow bench of the High Court, Shailendra Singh Chauhan has been accused of sexual harassment by a younger practicing lawyer from Delhi. She has alleged that she was raped by Shailendra Singh Chauhan in his chamber. And she has filed an F.I.R against him at the Vibhuti Khand Police station, Gomti Nagar district Lucknow under section 328, 354(A), 376 Indian Penal Code.

Shailendra Singh Chauhan has approached to the High Court and submitted before the court that the allegations levelled against him were false and filed a petition for quashing of the F.I.R. lodged against the practicing lawyer of Oudh Bar Association.

The High Court bench comprised of Justice Attau Rahman Masoodi and Justice Rajeev Singh refused to quash the FIR lodged against him but passed an order to grant interim relief from arrest to Shailendra Singh Chauhan.

Without expressing much on the merits of the case at this stage, the Court has directed the learned counsel for respondent to file counter affidavit within a week.

The learned counsel of the petitioner has also submitted before the court that the statement under Section 164 Cr.P.C. has been recorded by the trial court but a copy thereof has not been transcribed in the case diary, therefore, complete instructions in the matter are awaited and it was further submitted that some relevant material was left at the place of occurrence i.e. chamber of the petitioner (accused), such material may also be taken into custody by the investigating agency. For that an application has been filed by the Investigating Officer before the competent court, which is still pending.

The court kept the above submission in mind has passed an order to dissect the competent court to pass necessary orders on the pending application.

“As an abundant caution, we provide that an appropriate order to this effect may be passed so that there is no tampering with the evidence of the case.

The matter is listed on August27, 2020 for next hearing.

Case details:

Case: - MISC. BENCH No. - 12149 of 2020

Petitioner: - Shailendra Singh Chauhan

Respondent: - State Of U.P. Thru. Prin. Secy. Home Lko. & Ors.

Counsel for Petitioner: - Lalit Kishore Pandey, Sushil Kumar Singh

Counsel for Respondent :- G.A.,Aditya Vikram Shahi

Quorum: - Justice Attau Rahman Masoodi and Justice Rajeev Singh

Read Order@ LatestLaws.com