SC expunges HC remarks against lady judicial officer
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Last Updated: Thursday, February 03, 2011, 00:08
  
New Delhi: The Supreme Court has quashed the Allahabad High Court's critical remarks against a lady magistrate despite her acting fairly in a complaint of alleged rape of a daughter-in-law by the father-in-law.

The victim had moved the Judicial Magistrate in Saharanpur Mona Panwar through an application under Section 156(3)of the CrPC for registration of a rape case against her father-in-law Irshad.

The victim claimed she was forced to move the court as neither the local police nor the SSP Sahranpur was willing to register the complaint.

However, after making an inquiry through the police the lady magistrate decided to register her application as a complaint under Section 200 of the Code by which it was decided to record her statements along with other witnesses in the court.

The police had submitted a report to the magistrate that the complaint was concocted and the so-called victim was a divorcee who was actually staying with her parents at the time of the alleged incident.

However, the woman filed an appeal in the High Court challenging the magistrate's decision.

A single judge quashed the magistrate's order and made the disparaging remarks that despite being a lady magistrate she did not apply her mind properly to the case in which a woman had alleged she was raped by her own father-in-law.

He also commented that the order passed by the magistrate on August 1, 2009, was a blemish on justice meted out to a married lady who was ravished by her own father-in-law and asked her to be careful in future while passing such orders. Aggrieved, Mona appealed in the apex court.

PTI


First Published: Thursday, February 03, 2011, 00:08


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