11 Feb 2022 12:08 PM GMT
The Madhya Pradesh High Court recently directed the S.P., District Sehore to conduct a proper enquiry against a complainant, who allegedly filed a false rape case.Stating that such actions are nothing but a misuse of the provisions in law and the Court must teach a lesson to the persons like the complainant, Justice Sanjay Dwivedi ordered,"the Superintendent of Police, Sehore, is directed...
The Madhya Pradesh High Court recently directed the S.P., District Sehore to conduct a proper enquiry against a complainant, who allegedly filed a false rape case.
Stating that such actions are nothing but a misuse of the provisions in law and the Court must teach a lesson to the persons like the complainant, Justice Sanjay Dwivedi ordered,
"the Superintendent of Police, Sehore, is directed to make a proper enquiry in the matter and if it is found that the complainant had made false allegation against the applicant, then offence be registered against her in accordance with law for making a false complaint or misusing the provisions of law."
It added that if any non-bailable offence is made out against the complainant for making a false complaint, then the police would be free to proceed further in accordance with law.
The Court was essentially dealing with an application of anticipatory bail moved by the Applicant, accused U/S 376, 365 and 323/34 IPC.
The case of the Applicant was that initially, a complaint was made by the Complainant against him, alleging that the he forcefully committed rape upon her. The Complainant then reiterated her allegations made in the FIR in her statements recorded U/S 164 and 161 CRPC. Having said that, during the hearing of application for anticipatory bail moved by the Applicant before the lower court, the Complainant gave an affidavit, stating that if bail is granted to the Applicant, she would have no objection.
She further admitted that Gagan Agrawal (the Applicant) had not committed rape upon her and that it was only at the instance of police that she made an allegation of rape against him.
Therefore, the Applicant submitted that in view of the aforesaid, it was clear that he was innocent and falsely implicated in the alleged crime and as such, he was entitled to get the protection of anticipatory bail.
The State concurred with the Applicant and submitted that that the case was nothing but a misuse of law by the Complainant. It was further submitted that although, in the FIR and in the statement recorded U/S 164 and 161 CRPC, she had categorically made the allegation against the Applicant of forceful rape, she later took a somersault stating before the trial court that a false complaint was made against the Applicant.
Considering the submissions made by the parties and without commenting anything on the merits of the case, the Court allowed the application and granted anticipatory bail to the accused.
The Court, however, took strong exception to the behaviour of the Complainant and directed the S.P., District Sehore to look into the matter.
It also directed the officer concerned to submit the enquiry report within 15 days from the date of order.
Case Title: Gagan Agrawal v. State Of Madhya Pradesh
Citation: 2022 LiveLaw (MP) 33
Click Here To Read/Download Order