The Allahabad high court has dismissed the petition of SHO, Dankore, and a PAC official, pleading quashing of the district court order in the Bhatta-Parsaul rape case.
Ram Daras Yadav, company commander, PAC Battalion, and Anuj Choudhary, station house officer (SHO) of Dankore police station, had filed writ petitions in the court.
When the SHO, the one responsible for carrying out a fair investigation, is prejudiced and reluctant to even register an FIR, one can well imagine the kind of probe the police will conduct in this case, said Justice SC Agrawal in the order pronounced on Thursday.
On September 15, on a woman's complaint, a chief judicial magistrate had directed Dankaur SHO to register an FIR against 16 PAC men, including its commandant.
Later, the police filed a revised petition in the district court, which was dismissed. They were given 10 days to challenge the order in the high court.
The police submitted in the court that the matter was being probed by the CB-CID and a parallel investigation could not be directed by the magistrate.
Later, the police admitted before the court that no FIR (first information report) had been lodged. The court said as no FIR had been lodged; the inquiry being carried out by the CB-CID could not be termed as investigation.
Even if the latter found the allegations stated in the affidavit to be true, no chargesheet would be submitted on its basis. Therefore, police investigation was must, it had said.