The Allahabad High Court on Friday, 31 July, asked the Uttar Pradesh police to refrain from arresting a government counsel for a rape case against him, filed by a junior lawyer.
The Division Bench of Justices AR Masoodi and Rajeev Singh at Lucknow passed the order in response to a writ petition filed by the accused, Shailendra Singh Chauhan, challenging the FIR.
According to a LiveLaw report, the justices stated, "Looking to the contents of the FIR, prima facie, we are satisfied that a case for intervention is made out to the extent that the petitioner (accused) may not be arrested."
The Allegation vs The Petition
The junior lawyer, around 24 years of age, lodged the FIR against Chauhan at the Vibhuti Khand police station in Gomti Nagar, on 24 July, alleging that Chauhan had raped her in his chamber on the same day.
Accordingly, Chauhan was booked under Sections 328 (Causing hurt by means of poison, etc, with intent to commit an offence), 354A (Sexual harassment) and 376 (Rape) of the IPC.
Chauhan is the additional chief standing counsel in the Lucknow Bench of the high court. He is also the standing counsel for the Lucknow Municipal Corporation in the high court.
He has pleaded innocence in his petition and claimed that the charges are made up with 'ulterior motives.'
The Court's Response
The court has granted Chauhan interim relief from arrest, holding that from a bare perusal of the FIR, a case for intervention in favour of the accused was made out. It has also restrained him from indulging in any sort of intimidation to the life or property of the complainant.
“Meanwhile, without expressing much on the merits of the case, the court has granted time to the complainant’s lawyer, to file a reply in the matter,” reported LiveLaw.
The bench was also informed of "some relevant material, left at Chauhan's chamber," the application for the possession of which, by the investigating officer, was still pending.
The high court, therefore, also directed the concerned trial court to pass necessary orders for the investigation agency to obtain the material pertinent to the case.
The case will now considered on 27 August 2020.
(With inputs from PTI, LiveLaw)
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