New Delhi, Feb 2 (PTI) The Supreme Court has quashed theAllahabad High Court''s critical remarks against a ladymagistrate despite her acting fairly in a complaint of allegedrape of a daughter-in-law by the father-in-law.
The victim had moved the Judicial Magistrate inSaharanpur Mona Panwar through an application under Section156(3)of the CrPC for registration of a rape case against herfather-in-law Irshad.
The victim claimed she was forced to move the court asneither the local police nor the SSP Sahranpur was willing toregister the complaint.
However, after making an inquiry through the policethe lady magistrate decided to register her application as acomplaint under Section 200 of the Code by which it wasdecided to record her statements along with other witnessesin the court.
The police had submitted a report to the magistratethat the complaint was concocted and the so-called victim wasa divorcee who was actually staying with her parents at thetime of the alleged incident.
However, the woman filed an appeal in the High Courtchallenging the magistrate''s decision.
A single judge quashed the magistrate''s order and madethe disparaging remarks that despite being a lady magistrateshe did not apply her mind properly to the case in which awoman had alleged she was raped by her own father-in-law.
He also commented that the order passed by the magistrateon August 1, 2009, was a blemish on justice meted out to amarried lady who was ravished by her own father-in-law andasked her to be careful in future while passing such orders.
Aggrieved, Mona appealed in the apex court. (more) PTIRB