Sexual assault plaint: Pocso court ordersFIR against Swami Avimukteshwaranand

Prayagraj: A Pocsi court in Prayagraj on Saturday directed the police authorities to register an FIR against Swami Avimukteshwaranand and his disciple Swami Muktanand Giri for the alleged exploitation of minor boys at his camp at the recently concluded Magh Mela in the city. The judge, Vinod Kumar Chaurasia, directed the police to register a criminal case at Jhunsi police station and investigate the matter accordingly. The order was passed on a petition filed by Shankuri Peethadheshwar Ashutosh Mahraj, who is also one of the plaintiffs in Krishna Janmabhoomi-Shahi Eidgah title dispute case.
Passing this order, the judge observed that allegations disclose serious and specific sexual assault, which prima facie constitute cognizable offences punishable under protection of children from sexual offences Act, 2012 as well as Bhartiya Nyaya Sanhita, 2023. "Investigation of cognizable offences, particularly the offences of sexual assault upon children, is primarily the statutory obligation of the state through its police machinery. Accordingly, the court is satisfied that the present application under the section 173 (4) of Bhartiya Nagrik Suraksha Sanhita, 2023 deserves to be allowed," the judge said. In his petition, Ashutosh Mahraj had alleged that during Magh Mela, when he was sitting in his camp, two minor boys had approached him. They alleged their sexual exploitation at the camp of Swami Avimukteshwaranand. Perturbed over it, he approached the police authorities of Prayagraj for lodging of an FIR in this connection against Swami Avimukteshwaranand. However, when no action was taken, he filed a petition before the Pocso court requesting it to direct the police authorities to register an FIR to get the aforesaid allegations investigated and the report be filed accordingly. During the course of hearing, the Pocso court had sought response from the opposite party – Swami Avimukteshwaranand, who filed his response accordingly. The statement of complainant – Ashutosh Mahraj, too, was recorded before the court. Thereafter, the two minor boys, who were the alleged victims, were also brought before the court and their statement was also recorded. After hearing all parties, the Pocso court on Feb 14 reserved its order, which was pronounced on Saturday, Feb 21.