The Supreme Court Today (Jan 20) postponed the hearing of a Bihar Policewoman’s plea challenging a Patna High Court decision that quashed an FIR against IPS officer Pushkar Anand, whom she accused of rape under a false promise of marriage. The court directed amendments to the petition, while the plea argued the High Court ignored evidence and legal principles in dismissing the case.
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NEW DELHI: The Supreme Court of India, on Monday, postponed the hearing of a case filed by a Bihar Police woman officer for two weeks. She had challenged a Patna High Court decision that dismissed the FIR she had lodged against an IPS officer accusing him of rape on the pretext of marriage.
A bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah adjourned the case, stating that the petition needed some corrections.
The court directed the woman’s lawyer, Ashwani Kumar Dubey, to make the necessary amendments. The woman currently serves as a Superintendent of Police (SP) with the Patna CID.
The plea described the High Court’s September 19, 2024, ruling as “perverse, devoid of any legal merits, beyond the facts of the case” and “contrary to the settled law.”
The FIR was originally registered on December 29, 2014, at the Mahila Police Station in Kaimur, Bihar. It was lodged against IPS officer Pushkar Anand and his parents. While the officer was accused of rape and criminal intimidation, his parents faced charges of abetment.
The complainant alleged that two days after she joined as Deputy SP in Bhabua, Anand, who was then the SP, began to show friendly gestures through social media. She claimed he expressed a desire to marry her, and their relationship became physical. However, the marriage did not take place because, as she alleged, their horoscopes did not match.
“The high court failed to appreciate that the respondent number 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 number 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,”
-stated the plea.
The petition further contended that the High Court overlooked key aspects. According to the plea, a mere reading of the FIR and chargesheet indicated that a crime had been committed, and the FIR clearly disclosed evidence of the offense.
However, the High Court observed in its ruling that the woman had been in a consensual relationship with the IPS officer for a significant period. She had willingly maintained the relationship and established physical intimacy.
“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 High Court noted in its order.
BACKGROUND
The woman’s plea, filed by advocate Ashwani Kumar Dubey, challenges the Patna High Court’s September 19, 2024, order, calling it
“perverse, devoid of any legal merits, beyond the facts of the case and contrary to the settled law.”
The complaint revolves around an FIR lodged on December 29, 2014, at the Mahila Police Station in Kaimur, Bihar. The FIR names IPS officer Pushkar Anand and his parents. The officer was charged with serious crimes, including rape and criminal intimidation, while his parents were accused of aiding the crime.
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The woman officer claimed that shortly after she joined as Dy SP in Bhabua, Anand, who was then the Superintendent of Police (SP), began approaching her in a friendly manner via social media. According to her, he expressed his desire to marry her, and she reciprocated.
Over time, their relationship turned physical. However, the marriage was later called off, reportedly due to mismatched horoscopes.
The plea states,
“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 woman argued that the high court overlooked evidence in the FIR and chargesheet, which she claims clearly show the commission of the crime. She contends that the details in her complaint establish a prima facie case against the accused.
However, the Patna High Court, in its order, remarked that the woman and the IPS officer were in a consensual relationship for an extended period.
The court observed that the woman willingly stayed with him and consented to physical relations.
The order stated,
“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.”
Click Here to Read Previous Reports on False Promise of Marriage
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