Woman Cop Moves SC Challenging HC Order Quashing FIR Against IPS Officer In Rape Case

Patna HC had said in its order that the woman was in a relationship with the IAS officer for quite some time and willingly stayed and established physical relations with him.

An FIR was lodged against the IPS officer, Pushkar Anand, and his parents at Mahila police station in Bihar's Kaimur on December 29, 2014.

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New Delhi: A woman deputy superintendent of Bihar Police has moved the Supreme Court against a Patna High Court order that quashed an FIR against an IPS officer whom she accused of raping her after falsely promising to marry her.

A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah is likely to hear the appeal filed by the deputy superintendent of police (Dy SP) on Monday.

The plea filed by advocate Ashwani Kumar Dubey submitted that the impugned high court order passed on September 19, 2024, is "perverse, devoid of any legal merits, beyond the facts of the case and contrary to the settled law".

An FIR was lodged against the IPS officer, Pushkar Anand, and his parents at Mahila police station in Bihar's Kaimur on December 29, 2014, on a complaint by the woman officer.

While Anand was booked for serious offences of rape and criminal intimidation, among others, his parents were booked for abetting the crime.

The complainant alleged that two days after she joined as the Dy SP in Bhabua, Anand, who was the SP, started showing friendly gestures towards her through social media. He allegedly showed inclination to marry her, she reciprocated and the two developed physical relations, she alleged.

However, the marriage did not materialise as their horoscopes did not match, the woman said.

"It is respectfully submitted that the high court failed to appreciate that the Respondent No. 2 (IPS officer) at the time of commission of offence was posted as a Superintendent of Police and the Petitioner was posted as Subordinate officer to him and thus, the Respondent No. 2 was in power and authority to influence to his Subordinate Officer i.e. Petitioner and being an authority, he committed the offence and also assured to get married to her which he later denied by citing vague reasons," the plea said.

It said the high court also failed to appreciate that a bare perusal of the FIR and the chargesheet would establish that the offence in question has been committed and averments in the FIR prima facie disclose the commission of offence.

The high court had said in its order that the woman was in a relationship with the IAS officer for quite some time and willingly stayed and established physical relations with him.

"If the relationship is not working out for reasons beyond the control of the parties, it cannot be a ground for lodging a case against the petitioner for offence punishable under section 376 of the IPC. Hence, initiation of criminal proceeding by the informant against the petitioner is wholly unwarranted," the court had said. 

 

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