SC expunges HC remarks against lady judicial officer
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
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.