(Uday Umesh Lalit and Vineet Saran, JJ.)
ABCD __________________________________________ Petitioner;
v.
Union of India and Others _______________________ Respondent(s).
Writ Petition (Criminal) No. 191/2018, decided on July 23, 2019
The Order of the court was delivered by
Order
1. Learned counsel for the petitioner submits inter alia that:
a) The victim was being pressurized by senior police officers to retract her statement given under Section 164 Cr.P.C.;
b) Certain incidents were captured by the victim and recorded in electronic form which the victim is in a position to place for the perusal of this Court;
c) The material available in electronic form with the accused has not been recovered or retrieved by the Investigating Agency;
d) Processes issued under Section 91 Cr.P.C. were left with the Receptionist of the Hostel where the victim was residing. Consequently, the reputation of the victim was also put to prejudice;
e) The Investigating Agency has not recovered CCTV Footages from Hotels in question, namely, Hotel Lalit and Hotel Emarald, New Delhi; and
f) That the treatment meted out to the victim by the Investigating Agency was quite abusive.
2. We put certain questions to the concerned Investigating Officer who is present in the Court. According to her, the CCTV Footages are kept by the concerned Hotels only for a period of one month and since the incident itself was reported more than three months later, no CCTV Footages could be procured by the Investigating Agency. She further stated that one of the mobiles of the accused has been taken in custody while the other mobile, according to the accused, did not have any material and, as such, was returned to him.
3. We direct the Investigators to summon the accused immediately and take in custody the other mobile as well. Soon thereafter, both the mobiles may be sent for forensic analysis.
4. We also direct the Investigators to make any requisitions using the mobile number of the victim-complainant rather than sending processes in writing. The victim shall immediately respond to such requisitions.
5. If and when the Investigators make any requisition for any original material, the victim-complainant shall cooperate and submit the originals so that process of investigation is not hampered.
6. We direct the Investigators to complete the investigation as early as possible and preferably within two weeks from today.
7. List the matter on 19.08.2019.
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