RASHMI BEHL versus STATE OF U.P. & ORS.

Citation: [2015] 2 S.C.R. 448 · Decided: 17-02-2015 · Supreme Court of India · Bench: M.Y. EQBAL
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
B 
c 
(2015] 2 S.C.R. 448 
RASHMI BEHL 
v. 
STATE OF U.P. & ORS. 
(Writ Petition (Criminal) No. 218 of 2013) 
FEBRUARY 17, 2015 
(M.Y.EQBAL AND SHIVA KIRTI SINGH, JJ.) 
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 
0 
/PC neither statements uls. 164 CrPC were recorded 
nor her medical examination uls. 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 
E (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 uls. 164 
CrPC on the direction of Supreme Court - Held: The 
F 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 
G handed over to an independent agency like CBI -
Investigation. 
Allowing the appeal, the Court 
H 
448 
RASHMI BEHL v. STATE OF U.P. 
449 
HELD: 1. The facts, sequence of events and A 
inordinate delay in the investigation of the case 
show that the investigation by the State police 
authorities has not been conducted in a proper 
direction. More than two years have passed but the 
police failed to conclude the investigation, which B 
itself goes to show that police have not acted in a 
forthright manner in investigating the case. Prima 
facie the police has acted in a partisan manner to 
shield the real culprits and the investigation of the 
case is not being conducted in a proper and C 
objective manner. [Para 15] [459-A-C] 
2. Since local police is allegedly involved as per 
the statement of the petitioner recorded under 
Section 164 CrPC, there may not be fair D 
investigation. In such a case, however faithfully the 
local police may carry out the investigation, the 
same may lack credibility since the allegations are 
against them. In view of the entire facts of the case 
and very serious allegations made against all the E 
respondents including police officers, it is a fit case 
where the investigation has to be handed over to 
an independent agency like CBI for the purpose of 
fair and unbiased investigation. [Paras 15 and 16] F 
[459-C-F] 
R.S. Sodhi v. State of UP., 1994 Supp (1) SCC 
143 - relied on. 
Case Law Reference 
G 
1994 Supp (1) SCC 143 
Relied on 
Para 15 
CRIMINAL ORIGINAL JURISDICTION: Writ Petition 
(Criminal) No 218 of 2013 
H 
450 
SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
A 
Under Article 32 Of The Constitution Of India 
B 
Pravin H. Parekh, , Lalit Chauhan, Ekansh Mishra, 
Aditya Sharma, S. Lakshmi Iyer (for Parekh & Co.) for 
the Petitioner. 
Maninder Singh, ASG, Ratnakar Dash, Kumar 
Parimal, Ranjana Narayan, M. Khairati, B. V. Bairam 
Das, Abhisth Kumar, Som Raj Choudhury, Dinesh Kr. 
Tiwary, Chandan Kumar, Jaya Kumari, R. C. Aggarwal, 
C Rajesh Tiwary, Praneet Ranjan for the Respondents. 
The Judgment of the Court was delivered by 
M.Y.EQBAL, J. 1. Petitioner, a young girl of 22 
D years who hails from the State of Uttar Pradesh, has 
filed this writ petition under Article 32 of the Constitution 
of India for the enforcement of her fundamental rights 
guaranteed under Articles 14 and 21 of the Constitution 
of India inasmuch as even though her FIR was 
E registered on 21.1.2013 neither statements of the 
petitioner or her witnesses had been recorded nor her 
medical examination under Section 164A of the 
Criminal Procedure Code had been done by the Uttar 
F Pradesh Police despite repeated notices and reminders 
sent to the authorities. Petitioner has alleged to the 
extent that she was abducted, repeatedly assaulted and 
raped by her own father and his accomplices for not 
accepting their demand to enter the flesh trade in which 
G her family is actively involved. 
2. The writ petition before us shows that the ordeal 
of the petitioner began in the year 2010 when the father 
and her family alleged to have started coercing her to 
H 
RASHMI BEHL v. STATE OF U.P. 
451 
[M.Y.EQBAL, J.] 
join the flesh trade/prostitution. Upon realizing petitioner's A 
unwillingness, father and the family tried to sell her off to
Excerpt shown. Read the full judgment & AI analysis in Lexace.