‘Serious lapse’: HC pulls up cops for not invoking rape charges despite woman’s statement

Prayagraj: Slamming cops for not invoking rape charges despite the woman's statement indicating allegations, the Allahabad high court has taken serious note of alleged serious lapses in FIR registration and directed the UP DGP, principal secretary (home) and Bareilly SSP to submit reports explaining the discrepancies and ensuring corrective measures. While exercising the inherent powers of the HC under section 528 of Bhartiya Nyaya Suraksha Sanhita (BNSS), Justice Tej Pratap Tiwari also directed the DGP and principal secretary (home) to develop a mechanism to sensitise police officials. The court directed the Bareilly SSP to take action against erring officials and explain the lapse.The HC was hearing a petition filed by a Bareilly resident, Shivam Singh, seeking quashing of the chargesheet dated Apr 17, 2024, and cognizance order dated Jan 15, 2025, passed by the judicial magistrate, Bareilly. The case involved IPC Sections 498-A (cruelty by a husband or his relatives towards a married woman) and 506 (criminal intimidation).During the proceedings, counsel for the petitioner argued that the FIR did not disclose any offence under Sections 498-A or 506 and that no valid marriage existed between the parties, making the allegations vague. The state, however, contended that the applicant had established a physical relationship with the complainant on a false promise of marriage and a govt job.After hearing both sides, the court observed that the FIR and the survivor's statement prima facie indicated allegations of rape, yet no such charge was invoked, terming it a serious lapse. It further noted material discrepancies between the written complaint and FIR, observing that while the complaint disclosed rape, the FIR failed to reflect the same, raising doubts about the fairness of the investigation.Relying on the decision of Ramesh Kumari v. state (NCT of Delhi), the high court reiterated that registration of FIR in cognizable offences is mandatory. The court, in its order dated Mar 17, listed this matter in the week commencing Apr 27.