Rape Victim's Suicide Abetment Case | Allahabad High Court Seeks UP Govt's Reply On Ex-IPS Officer Amitabh Thakur's Plea

A 482 CrPC plea has been moved by ex-IPS Officer Amitabh Thakur before the Allahabad High Court seeking the setting aside of the cognizance order in connection with the case registered against him for allegedly abetting the suicide of a rape victim and her friend who had set themselves ablaze outside the Supreme Court last year.

The 24-year-old woman, who was allegedly raped by Bahujan Samaj Party MP Atul Rai in 2019, had succumbed to burn injuries on August 24. Her male friend, a 27-year-old Delhi University graduate, had died during treatment last week.

Hearing the plea, the bench of Justice Suresh Kumar Gupta today sought a reply from the State Government fixing the week commencing 09 May as the next date of hearing in the matter.

It may be noted that the Lucknow Police has charge-sheeted Thakur under Sections 167 (public servant framing an incorrect document with intent to cause injury), 195-A (threatening any person to false evidence), 218 (public servant framing incorrect record, etc), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation) and 120-B (criminal conspiracy) of IPC.

The cognizance of the charge sheet had been taken by the CJM court in Lucknow on 25 October 2021, thereafter, Thakur had challenged this order, which was dismissed by Session Court. Now, he has moved to the High Court with the instant plea under Section 482 CrPC.

In his petition moved through his wife and counsel Dr. Nutan Thakur, Thakur has contended that offences under sections 167 and 218 IPC are such that they can be committed only by a public servant in his official duty, and the same needs prosecution sanction.

Since no prosecution sanction was given by the State Government in this case and hence cognizance of this case could not be taken, Thakur has submitted in his plea.

Case title - Amitabh Thakur v. State Of U.P. Thru. Prin. Secy. Home [APPLICATION U/S 482 No. - 1935 of 2022]

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