Courts On Its Own Motion vs State Of Chhattisgarh
2022 Latest Caselaw 4906 Chatt

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                                                                                      NAFR

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                               Cr.M.P.No.1099 of 2022

        Court on its Own Motion

                                                                         ­­­­ Applicant

                                              Versus

    1. State        of        Chhattisgarh,            Through      Secretary,        Home
        Department,           Mahanadi        Bhawan,     Naya      Raipur,     District
        Raipur Chhattisgarh, Pin Code - 492001
    2. Director          General      of      Police,     State     of    Chhattisgarh,
        Police        Head         Quarter,         Raipur,        District      Raipur,
        Chhattisgarh, Pin Code - 492001
    3. The      Station        House         Officer,     Police     Station     Gandai,
        District Rajnandgaon, Chhattisgarh, Pin Code­491441
                                                                     ­­­­ Respondents

For Respondents                :        Ms Prachi Mishra, Additional
                                        Advocate General
               Hon'ble Shri Justice Sanjay K. Agrawal and
                 Hon'ble Shri Justice Sanjay S. Agrawal

                                     Order on Board
                                       (1.8.2022)

Sanjay K. Agrawal, J.

1. This Court by order dated 21.6.2022 directed the

Director General of Police, State of Chhattisgarh,

Raipur to file affidavit explaining as to why the

decision of the Supreme Court in the matter of Nipun

Saxena and another v. Union of India and others 1 and

directions of this Court in the matter of Bharat Bajaj

v. State of Chhattisgarh and others2 are not being

followed by the investigating officers/police officers

1 (2019) 2 SCC 703

in the State of Chhattisgarh. Thereafter, CrMP has been

registered in which affidavit of the Director General

of Police has been filed wherein it has been stated

that pursuant to the directions issued by the Supreme

Court in Nipun Saxena (supra), circular dated 25.1.2019

has been issued directing all the concern to follow the

decision of the Supreme Court in Nipun Saxena (supra)

in its letter and spirit and copy of circular dated

25.1.2019 has also been enclosed as Annexure 'A'.

Further fresh circular has been issued by the Director

General of Police on 8.7.2022 for strictly following

the directions issued by the Supreme Court in Nipun

Saxena (supra), which has been filed as Annexure 'B'.

It has been further stated that departmental action has

already been initiated against an erring officer and

charge­sheet is already issued against delinquent on

17.7.2022. Not only this, further affidavit has been

filed by the Director General of Police pursuant to the

order dated 25.7.2022 that directions issued by the

Supreme Court in Nipun Saxena (supra) as well as by

this Court in Bharat Bajaj (supra) are strictly being

followed. In has been stated as under:­

"8. It is humbly submtted that to the best of the information & knowledge of the deponent gathered from the records available in the department, the substantial compliance of the directions of the Hon'ble Supreme Court in case of Nipun Saxena (supra) as well as in case of Bharat Bajaj (supra) passed by this Hon'ble Court, has been made by the authorities, except in Crime No.248/2018 registered at P.S. Gandai District Rajnandgaon (CG) (subject matter of Acquittal Appeal No.10/2021). However, the

deponent tenders its honest & sincere apology to this Hon'ble Court for any trivial non compliance of the directions of the Hon'ble Supreme Court as well as this Hon'ble High Court, if due to inadvertence the compliance has not been made out. The authorities are sensitive & careful regarding the dignity of the rape victims and in future, great care will be taken by the authorities in order to ensure strict compliance of the directions of the Hon'ble Supreme Court as well as this Hon'ble High Court.

9. The deponent submits that in all other cases, there is strict compliance of sub­ section (2) of Section 228A of the I.P.C. The name of the victim is only disclosed by the Investigating Officers wherein it is imperative to use i.e. in the FIR or for the purpose as enumerated in paragraph 13 of the Nipun Saxena judgment in cases registered under Section 376 of I.P.C.

10. It is furthermore most respectfully submitted by the deponent that the deponent shall undertakes all such necessary steps required to disseminate such information to ensure strict compliance of the directions in this regard issued by the Hon'ble Supreme Court with a view to conform the same or followed in true letter and spirit of the judgment of Nipun Saxena (supra)."

2. In view of two affidavits filed by the Director General

of Police in which it has been ensured that directions

contained in Nipun Saxena (supra) has been strictly

followed and two circulars dated 25.1.2019 (Annexure

'A') and 8.7.2022 (Annexure 'B') have been issued and

erring officer has been subjected to departmental

proceeding, we are satisfied about the compliance of

order and we hereby close this proceeding. However, we

hope and trust that directions contained in Nipun

Saxena (supra) will be followed religiously by all

investigating officers/police officers of the State of

Chhattisgarh. A copy of this order be sent to the

Director General of Police for information.

           Sd/­                                       Sd/­

      (Sanjay K. Agrawal)                     (Sanjay S. Agrawal)
            Judge                                    Judge
B/­