(1) PRAYER in this petition filed under Section 482 of the Cr. P. C. is for issuance of directions to the respondents, to register and investigate an fir under Section 376 of the IPC, instead of Sections 354/506 of the IPC. The petitioner, lodged a complaint with the police that she had been raped by Sakir son of Hasandim. The petitioner was medico legally examined. The Doctor forwarded a positive opinion, with respect to rape. However, instead of lodging the FIR under Section 376 IPC etc. , the police lodged FIR No. 61 dated 9. 4. 2006 under Sections 354/506 IPC at Police station Tauru, Distt. Mewat and persisted in carrying out investigation under Sections 354/506 IPC, which led the petitioner to file the present petition.
(2) REPLY on behalf of respondents no. 1 to 3 filed in Court today is taken on record. A perusal of the reply reveals that during the pendency of the present petition, police has invoked Section 376 IPC and has also sought permission to re-arrest the accused. In view of these facts, the present petition has been rendered infructuous. The Superintendent of Police, Distt. Mewat is directed to entrust investigation of the present case, to an Officer other than the present investigating Officer. The present petition stands disposed of accordingly.
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