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[Rape Case Against UP Govt Counsel] SC Issues Notice On Plea Seeking CBI Investigation & Transfer Of Case From UP

LIVELAW NEWS NETWORK
22 Aug 2020 6:21 AM GMT
[Rape Case Against UP Govt Counsel] SC Issues Notice On Plea Seeking CBI Investigation & Transfer Of Case From UP
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The Supreme Court on Friday issued notices in a writ petition seeking transfer of investigation and trial in the criminal case filed against a standing counsel of the UP Government, accused of rape by a young practicing lawyer from Delhi.

The petition has been moved by one of the victim's friends, apprehending that investigation in the rape case may be hindered due to the "clout" of the accused enjoyed back in the state.

The Bench comprising Justices RF Nariman, Navin Sinha and Indira Banerjee has issued notices to the UP Government and SP, Lucknow.

The Petitioner has submitted that the FIR lodged by the victim in the Vibhuti Khand Police Station has shockingly been circulated all over media, disclosing the victim's identity and personal details to the public. This has made it impossible for her or her family to "step out of their house".

Further it is submitted that given the "clout" of the accused being an Advocate and being related to powerful politicians, they have not been able to file a writ petition before the High Court.

In these circumstances, she has prayed for:

  • A direction upon the Lucknow Police to immediately remove all news, information and other material over internet relating to the victim or her family;
  • A direction to test all samples collected from the crime scene in a FSL facility situated outside the State of UP;
  • Transfer of investigation to CBI;
  • Transfer of trial outside the State of UP.

Further, as per the Petitioner, the victim was drugged before being raped. She has therefore sought for an absolute ban on sale of intoxicating substances.

Background

Additional Chief Standing Counsel in the Lucknow bench of the High Court, Shailendra Singh Chauhan, has been accused of sexual harassment by a young practicing lawyer from Delhi. She has alleged that Chauhan raped her in his chamber, after administering her some intoxicants.

Accordingly, an FIR was lodged at the Vibhuti Khand Police Station in Gomti Nagar area, under Sections 328 (Causing hurt by means of poison, etc., with intent to commit an offence), 354A (Sexual harassment) and 376 (Rape) of IPC.

Subsequently, Chauahan had approached the High Court stating that the allegations leveled against him were false and therefore, the FIR registered against him ought to be quashed.

Though the court refused to quash the proceedings instantly, it granted interim relief from arrest to Chauhan. This order nevertheless, has been stayed by the Supreme Court.

Click Here To Download Order

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