Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 - Articles 14 21 and 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India, 1950 — Articles 14, 21 and 32 -~ Writ Petition under Article 32 — Seeking enforcement of rights under Articles 14 & 21 in as much as FIR lodged by the petitioner u/ss. 366, 323, 504 and 376 IPC neither statements u/s. 164 CrPC were recorded nor her medical examination u/s.164A CrPC was done — Petitioner alleged of her abduction, assault and rape by her father and his accomplices - She also alleged that her family was forcing her for flesh trade (prostitution) and that she was forcibly taken by her parents alongwith others including police personnel from the custody of the custodian appointed by the Court — Statement of the petitioner recorded u/s. 164 CrPC on the direction of Supreme Court — Held: The facts of the case show that police has acted in a partisan manner and has not investigated the case in a forthright manner — In view of the serious allegations made against the respondents as well as police Officials, it is a fit case where investigation needs to be handed over to an independent agency like CBI - Investigation. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 130 |
Petitioner | Rashmi Behl |
Respondent | State Of U.p. & Ors. |
SCR | [2015] 2 S.C.R. 448 |
Judgement Date | 2015-02-14 |
Case Number | 218 |
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