In her application before the Ghaziabad court, the complainant, an employee of the accused, alleged that he used to molest her in his cabin and threaten her not to disclose the incident to anyone.
Published: August 13, 2026, 8:14 AM IST
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New Delhi: The Allahabad High Court has ordered an inquiry against police officers in Ghaziabad including the commissioner of police for not registering an FIR on a complaint disclosing commission of digital rape, molestation and other offences.
The court stressed that police are required to register the information, investigate the allegations and collect evidenceThey are not required to decide the ultimate truth or falsity of the allegations at the stage of registration.
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The word digital rape means non-consensual penetration of a victim’s vagina or other private parts of the victim by finger, thumb or toe.
With the direction for an inquiry, a two-judge bench comprising Justice Chandra Dhari Singh and Justice Tarun Saxena dismissed the writ petition filed by the accused, noting that the failure to register the FIR on the victim’s complaint had compelled her to approach the magistrate.
“The police cannot refuse to register an FIR on a sexual harassment complaint moved before it merely because the prosecutrix has not produced WhatsApp chats, call recordings or other material evidence in support of her allegationsThe burden of conducting a lawful investigation cannot be shifted upon the prosecutrix at the stage when she approaches the police with information disclosing cognisable offences,” the court said.
“It is difficult to understand why the concerned police station did not register an FIR when the prosecutrix approached it with allegations which on their face disclosed cognisable offencesIt is equally difficult to understand why the complaint dated July 7, 2026 addressed to the Commissioner of Police, Ghaziabad, did not result in registration of an FIR or in an effective investigation,” the court added.
Considering the lapses in the case, the court asked the director general of police (DGP) of Uttar Pradesh to examine the matter, particularly the conduct of police personnel at the Wave City police station and the role of concerned officers, including the commissioner.
The DGP was asked to issue show-cause notices to the commissioner, station house officer (SHO) and other officers requiring them to explain why the FIR was not registered.
“The DGP, Uttar Pradesh, shall personally supervise the inquiry and shall submit a report by way of personal affidavit before this court within four weeks,” ordered the court.
The accused is stated to be the owner of a real estate companyThe petitioner accused sought quashing of the rape case registered against him on the directions of a magistrateIn her application before the Ghaziabad court, the complainant, an employee of the accused, alleged that he used to molest her in his cabin and threaten her not to disclose the incident to anyone.
She also alleged that in March 2026, he committed digital rape with her by inserting his finger in her private partShe further said that he put his hand inside her top and pressed her breastsConsequently, she resigned from her position on April 8.
Thereafter, the accused allegedly got a case of extortion registered against her on April 14, the court was toldShe was arrested and subsequently granted bail by the high court.
After her release, she lodged a report with the police station at Wave City alleging molestation, digital rape and criminal intimidationHowever, after the police failed to act on her complaint, she moved an application before an additional chief judicial magistrate at Ghaziabad.
In response to the application, the police said the complainant was asked to provide WhatsApp chats, call recordings or other evidence to support her allegations but she was unable to furnish such materialIt also said that the allegations appeared to be exaggerated as a pressure tactic or counter-blast to the extortion case.
However, the magistrate directed the police to register an FIR and probe her allegations in accordance with the law.
Ultimately, the police registered a case against the accused under Sections 64 (rape), 74 (assault or criminal force to woman with intent to outrage her modesty), 75(2) (sexual harassment), 76 (assault or use of criminal force to woman with intent to disrobe) and 351(3) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS).
Then accused approached the high court seeking quashing of the FIR against him.
Dismissing the petition, the court in its order dated August 6, emphasised that allegations of sexual harassment and sexual assault in the workplace require a sensitive, fair and legally compliant investigation.
(With PTI inputs)
