On July 31st, the Allahabad High Court granted Interim Relief from Arrest to Shailender Singh Chauhan, Additional Chief Standing Counsel at the Allahabad High Court until the next hearing of the case. The case pending before the Court is the matter of Shailender Singh Chauhan v. State of U.P Thru. Prin. Secy. Home Lko. & Others.
Background of the Case
A young woman lawyer from Delhi has alleged that Shailender Singh Chauhan had raped her in his Chamber. Following the same, an FIR was filed at the Vibhuti Khand Police Station in Gomati Nagar area. Charges were filed under Sections 328 (Causing hurt utilizing poison, etc., with intent to commit an offence), 354A (Sexual harassment) and 376 (Rape) of Indian Penal Code, 1860.
Arguments before the Court
Chauhan had approached the High Court stating that they were false allegations. Thus, the FIR ought to be quashed. Advocates Lalit Kishore Pandey and Sushil Kumar Singh represented Chauhan while Govt. Advocate Aditya Vikram Shahi appeared for the State.
The Court refused to quash the proceedings instantly, while had given interim relief from arrest to Chauhan. However, the Court had granted time to the Complainant’s lawyer to file a reply in the matter.
The Complainant’s statement under Section 164 (Recording of confessions and statements) of CrPC had been recorded by the Trial Court. It stated that some relevant material was left at Chauhan’s Chamber (the place of offence) and the IO had moved an application for taking possession. This application is presently pending. Complete instructions in the matter were yet to be corroborated.
Observations of the Court
Given the submissions, the Divisional Bench of the Court directed the concerned Trial Courts to pass necessary orders on the pending application. Additionally, it also directed the investigating agencies to obtain approvals to attach relevant materials that are to be collected from the Chauhan’s Chamber.
The Bench of Justices, Attau Rahman Masoodi and Rajeev Singh held the following:
“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 in connection with the case crime till the next date of hearing.”
Further, Chauhan has been instructed not to indulge himself in any doings w.r.t the Complainant to any intimidation or to cause any threat to the female lawyer’s life or property. Moreover, he was further directed to cooperate with the investigations by the Court’s interim order.
The matter is listed for consideration on August 27th, 2020.
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