Allahabad High Court

duly sworn by Mr. Sangam Kumar, Circle Officer, City, Barabanki and short counter affidavit filed by the learned counsel for the complainant of the present case are taken on record.

4. Learned counsel for the applicant submits that the F.I.R. No. 45 of 2022 u/s 354-A I.P.C. and Section 9/10 of P.O.C.S.O. Act was registered on

02.02.2022 on the written complaint of father of the victim on the basis of concocted facts with the allegation that on 29.01.2022 at about 11 am, the complainant's daughter went to forest for collection of wood, where the applicant caught her hand and misbehaved with her. On the same day, the statements of the victim and the complainant were recorded u/s 161 Cr.P.C., in which, they narrated the facts as mentioned in the F.I.R.. It is further submitted that as per the provisions of Section 164 Cr.P.C., it 2 A482 No. 8207 of 2025 was obligatory on the part of the Investigating Officer to ensure recording of statement of the victim before the Magistrate in accordance with the provisions of Section 164(5-A)(a) as soon as the commission of offence is brought to the notice of the police. However, in the present case, the statement of the victim u/s 164 Cr.P.C. was recorded on 16.04.2022 after about three months from the date of incident, in which, she developed a case of rape. The victim was medically examined on 25.04.2022. It is next submitted that as per the provisions of Section 164-A Cr.P.C., medico legal examination of the victim was conducted as early as possible with her consent. In the case of offence of rape, it is also obligatory on the part of the Investigating Officer to ensure medico legal examination of accused also. The charge-sheet was submitted u/s 376 I.P.C. and Sections 9/10 and 5/6 of P.O.C.S.O. Act merely on the basis of statement recorded u/s 164 Cr.P.C. after about three months. It is also submitted that after filing of the charge-sheet, the complainant of the present case had given an application before Superintendent of Police on

16.05.2024 with the averment that no such incident has been taken place, which the victim has reported to the police on the advice of the villagers, and due to old enmity, the F.I.R. of the case in question was lodged.

5. Learned counsel for the complainant submits that in para 3 of the counter affidavit, it is mentioned that the F.I.R. of the case in question was lodged on the advice of the villagers on the basis of concocted facts. He requests that the proceedings may be quashed.

6. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the charge-sheet has already been filed. However, he does not dispute the fact that the incident is of date 29.01.2022 and the F.I.R. of the case in question was lodged on 02.02.2022 and on the same day, statement u/s 161 Cr.P.C. was recorded, but the site plan was not prepared on the same day; the statement of the victim u/s 164 Cr.P.C. was recorded after about three months from the date of the incident and her medico legal examination was also conducted after about three months, and the reason for such delay with regard to recording statement of the victim u/s 164 Cr.P.C. as well as conducting her medico legal examination has not been explained. He also does not dispute the fact that initially, the F.I.R. of the case in question was lodged u/s 354-A I.P.C. and Section 9/10 of P.O.C.S.O. Act, in which, the 3 A482 No. 8207 of 2025 applicant has been enlarged on bail.

7. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that as per the prosecution case, the alleged incident is of date 29.01.2022, however, the F.I.R. of the case in question was lodged on 02.02.2022 with the allegation of misbehave done with the victim. The statements of the complainant and the victim u/s 161 Cr.P.C. were recorded on the same day. As per the provisions of Para 114 of Police Regulation, it was obligatory on the part of the Investigating Officer to inspect the site and draw site plan after reporting the incident. But, in the present case, the site plan was prepared on 17.04.2022. The statement of the victim u/s 164 Cr.P.C. was recorded on 16.04.2022 and she was medically examined on 25.04.2022. In her statement u/s 164 Cr.P.C., the victim developed a case of rape. The victim was not interrogated by the Investigating Officer regarding the fact that under what circumstances, she developed a case of rape in her statement u/s 164 Cr.P.C.. It is evident from the record that the investigation was conducted by the Investigating Officer and it was monitored by the Circle Officer in the most casual manner.

8. In view of above, the matter requires consideration.

9. List this case on 03.12.2025.

10. By the next date, Superintendent of Police, Barabanki shall file fresh affidavit of compliance by fixing accountability of the officials for delay in conducting medico legal examination of the victim as well as in recording her statement u/s 164 Cr.P.C., failing which, he shall appear in person before this court.

11. Until further order, the impugned proceedings shall remain stayed. November 3, 2025 Arpan (Rajeev Singh,J.)

duly sworn by Mr. Sangam Kumar, Circle Officer, City, Barabanki and short counter affidavit filed by the learned counsel for the complainant of the present case are taken on record.

4. Learned counsel for the applicant submits that the F.I.R. No. 45 of 2022 u/s 354-A I.P.C. and Section 9/10 of P.O.C.S.O. Act was registered on

02.02.2022 on the written complaint of father of the victim on the basis of concocted facts with the allegation that on 29.01.2022 at about 11 am, the complainant's daughter went to forest for collection of wood, where the applicant caught her hand and misbehaved with her. On the same day, the statements of the victim and the complainant were recorded u/s 161 Cr.P.C., in which, they narrated the facts as mentioned in the F.I.R.. It is further submitted that as per the provisions of Section 164 Cr.P.C., it 2 A482 No. 8207 of 2025 was obligatory on the part of the Investigating Officer to ensure recording of statement of the victim before the Magistrate in accordance with the provisions of Section 164(5-A)(a) as soon as the commission of offence is brought to the notice of the police. However, in the present case, the statement of the victim u/s 164 Cr.P.C. was recorded on 16.04.2022 after about three months from the date of incident, in which, she developed a case of rape. The victim was medically examined on 25.04.2022. It is next submitted that as per the provisions of Section 164-A Cr.P.C., medico legal examination of the victim was conducted as early as possible with her consent. In the case of offence of rape, it is also obligatory on the part of the Investigating Officer to ensure medico legal examination of accused also. The charge-sheet was submitted u/s 376 I.P.C. and Sections 9/10 and 5/6 of P.O.C.S.O. Act merely on the basis of statement recorded u/s 164 Cr.P.C. after about three months. It is also submitted that after filing of the charge-sheet, the complainant of the present case had given an application before Superintendent of Police on

16.05.2024 with the averment that no such incident has been taken place, which the victim has reported to the police on the advice of the villagers, and due to old enmity, the F.I.R. of the case in question was lodged.

5. Learned counsel for the complainant submits that in para 3 of the counter affidavit, it is mentioned that the F.I.R. of the case in question was lodged on the advice of the villagers on the basis of concocted facts. He requests that the proceedings may be quashed.

6. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the charge-sheet has already been filed. However, he does not dispute the fact that the incident is of date 29.01.2022 and the F.I.R. of the case in question was lodged on 02.02.2022 and on the same day, statement u/s 161 Cr.P.C. was recorded, but the site plan was not prepared on the same day; the statement of the victim u/s 164 Cr.P.C. was recorded after about three months from the date of the incident and her medico legal examination was also conducted after about three months, and the reason for such delay with regard to recording statement of the victim u/s 164 Cr.P.C. as well as conducting her medico legal examination has not been explained. He also does not dispute the fact that initially, the F.I.R. of the case in question was lodged u/s 354-A I.P.C. and Section 9/10 of P.O.C.S.O. Act, in which, the 3 A482 No. 8207 of 2025 applicant has been enlarged on bail.

7. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that as per the prosecution case, the alleged incident is of date 29.01.2022, however, the F.I.R. of the case in question was lodged on 02.02.2022 with the allegation of misbehave done with the victim. The statements of the complainant and the victim u/s 161 Cr.P.C. were recorded on the same day. As per the provisions of Para 114 of Police Regulation, it was obligatory on the part of the Investigating Officer to inspect the site and draw site plan after reporting the incident. But, in the present case, the site plan was prepared on 17.04.2022. The statement of the victim u/s 164 Cr.P.C. was recorded on 16.04.2022 and she was medically examined on 25.04.2022. In her statement u/s 164 Cr.P.C., the victim developed a case of rape. The victim was not interrogated by the Investigating Officer regarding the fact that under what circumstances, she developed a case of rape in her statement u/s 164 Cr.P.C.. It is evident from the record that the investigation was conducted by the Investigating Officer and it was monitored by the Circle Officer in the most casual manner.

8. In view of above, the matter requires consideration.

9. List this case on 03.12.2025.

10. By the next date, Superintendent of Police, Barabanki shall file fresh affidavit of compliance by fixing accountability of the officials for delay in conducting medico legal examination of the victim as well as in recording her statement u/s 164 Cr.P.C., failing which, he shall appear in person before this court.

11. Until further order, the impugned proceedings shall remain stayed. November 3, 2025 Arpan (Rajeev Singh,J.)