Punjab & Haryana High Court Upholds Direction By Trial Court For Enquiry Against ASI For Prompting Married Woman In Relationship With Him To File False Rape Cases

The Court dismissed a Petition filed under Articles 226 and 227 of the Constitution seeking the expunging of the strictures recorded by the Trial Court in its Judgment.

A Single Bench of Justice Jagmohan Bansal held, “On account of false implications, it becomes difficult for Courts to decipher genuine cases from the bunch of false and fabricated cases. In such circumstances, the Trial Court was forced to ask jurisdictional Superintendent of Police to inquire the matter. The Trial Court has not held the petitioner guilty whereas the Court has simply asked the Superintendent of Police to inquire into the matter. The petitioner would certainly get an opportunity when the matter would be inquired by the jurisdictional authorities. The impugned order cannot be modified simply on the ground that the Trial Court has asked the jurisdictional Superintendent of Police to inquire act conduct of the petitioner without granting him opportunity.”

Advocate Manish Soni appeared for the Petitioner, while Deputy Advocate General Palika Monga represented the Respondents.

Brief Facts

An FIR was lodged by a woman under Sections 376D, 342, 366, 328, 506 and 120-B of the IPC. The Trial Court, after considering the evidence, honourably acquitted the accused, noting that prosecutrix had filed the FIR to extort money from gullible people.

While passing the judgment, the Trial Court noticed the act and conduct of the Petitioner. The Court made observations with respect to his act and conduct. The Trial Court had found that the prosecutrix was a married woman who was in a relationship with the ASI.

Court’s Observations

The High Court noted that the Trial Court found the role of the Petitioner was “doubtful” and directed the Superintendent of Police to examine act and conduct of the Petitioner.

The High Court held that the impugned Order cannot be modified simply on the ground that the Trial Court had asked the jurisdictional Superintendent of Police to inquire into the conduct of the Petitioner without granting him the opportunity.

“The Petitioner is certainly going to get an opportunity at each and every stage. He is a part of disciplined force. If it is found that he was responsible for prompting the prosecutrix to file false cases against innocent persons, it would be a matter of concern. Thus, matter needs to be examined” the Bench remarked.

Consequently, the Court ordered, “In the wake of above discussions and findings, this court is of the considered opinion that present petition being bereft of merit deserves to be dismissed and accordingly dismissed.”

Accordingly, the High Court dismissed the Petition.

Cause Title: ASI Naresh Kumar v. State of Haryana & Anr. (Neutral Citation: 2025:PHHC:031306)

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