Sorry State Of Affairs, Punjab Police Unable To Nab Accused: High Court Seeks Jalandhar Commissioner's Explanation In POCSO Case

The Punjab and Haryana High Court expressed displeasure over the police's failure to arrest a man accused of raping a minor girl, despite the dismissal of his pre-arrest bail plea in August 2024.

Justice Namit Kumar said, "The present case shows the sorry state of affairs of the State machinery, where the police is unable to nab the accused, who has been prosecuted for committing heinous crime against a minor girl of 13 years, despite the fact that anticipatory bail application filed by him has been dismissed by the learned Additional Sessions Judge, Jalandhar, vide order dated 29.08.2024 and thereafter by this Court vide order dated 04.10.2024."

The Court also noted alleged victim's plight due to delay by Police in registration her FIR. "The victim is a minor girl of 13 years, who was victimized by the accused. Despite the fact that on the basis of serious allegations FIR has been registered and statement of the victim was recorded yet no action is being taken by the police to apprehend the accused," it added.

In the status reports the Police had submitted that the investigation is being conducted, non-bailable warrant is issued and proceeding for issuing Look Out Circular has been initiated against the accused.

Expressing dissatisfaction the Court said that, "Perusal of both the status reports shows that the police has failed to take effective steps after the registration of FIR on 26.07.2024..."

The Court found that the procedure provided under Section 193(2) of the BNSS, 2023, which mandates that investigation in relation to an offence under Sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or Sections 4, 6, 8 or Section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months, has not been complied with by the police, since the investigation has not been completed within stipulated period of two months and till date the accused has also not been apprehended.

It added that reluctant conduct of police in the investigation and apprehending arrest of the accused, leads the Court to infer that the jurisdictional police authorities and senior officers of the police are shying away to perform their duties to ensure arrest of the accused, who has committed a heinous crime against a minor girl of 13 years and the society at large.

While noting that "no tangible efforts have been made to ensure arrest of the accused, since the status report dated 27.01.2025 reflects that after presentment of the Challan before the trial court on 16.01.2025", the Court said that "writing a letter to the passport authorities on 23.01.2025 and fetching Bank Account details of the accused just to cover the irregularities in the investigation, whereas, such steps, which have now been taken at this fag end, should have been taken at initial stage of investigation to ensure arrest of the accused and not after presentation of Challan."

In the light of the above, the Court directed the Commissioner of Police Jalandhar to file an affidavit stating therein as to why the police has not taken proper action effectively in apprehending the accused since July 2024.

The matter is listed for February 10.

Mr. Harsh Chopra, Advocate, for the petitioner.

Mr. Adhiraj Singh, AAG, Punjab.

 Title: XXXXX v. State of Punjab and others