Allahabad HC Directs Agra Police Commissioner To File Affidavit On Refresher Course For Investigating Officers On BNS

A bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain Idrisi sought this affidavit while dealing with a criminal writ petition filed by 7 accused seeing to quash an FIR lodged against them in a Dowry-cruelty and rape case.

When the matter came up before the bench, the Counsel for the accused submitted that though the impugned FIR was registered on July 9, 2024, the provisions of the Indian Penal Code (IPC) were invoked, despite the fact that the BNS had already replaced the IPC.

In view of this submission, the Court directed the Police Commissioner of Agra Division Agra to file an affidavit regarding a refresher course conducted for all the Investigating Officers in the Commissionerate regarding the new Act.

Regarding the Case, the Court took into account the arguments of the counsel for the petitioner, who submitted that petitioner no. 5, the brother of the father-in-law of the informant, had been falsely implicated in a rape allegation as he was trying to mediate between the parties.

He argued that the matter should be referred to the High Court's Mediation Centre for a possible settlement. Given this, the Court directed the parties to appear before the Mediation Centre on August 1, 2024, at 11:00 AM.

The Court also directed the petitioner to provide a demand draft of Rs. 20,000 to the victim at the mediation and ordered that no coercive action would be taken against the petitioners until the next hearing on October 22, 2024.

In related news, while dealing with a matter wherein an FIR (filed on July 3) in a Rape case had been registered under the Sections of the Indian Penal Code (IPC), the Allahabad High Court last week questioned the Superintendent of Police, Hamirpur, over not invoking the provisions under the Bharatiya Nyaya Sanhita (BNS).

Case title - Shahnaz And 6 Others vs. State Of U.P. And 2 Others

Click here toread/download order