The Allahabad High Court has directed the Uttar Pradesh Director General of Police to launch an inquiry into senior Ghaziabad police personnel, including the city police commissioner, for failing to register a First Information Report on a woman’s complaint alleging digital rape and workplace sexual harassment.
Dismissing a petition filed by the accused real estate developer seeking to quash the eventual case, a two-judge bench comprising Justice Chandra Dhari Singh and Justice Tarun Saxena ruled that law enforcement officers cannot require sexual assault victims to produce electronic evidence before filing a formal complaint.
Judicial Probe and Directives
In its August 6 order, the bench instructed Uttar Pradesh Director General of Police (DGP) to personally supervise an investigation into procedural lapses at the Wave City police station and within the district police leadership. The DGP was ordered to issue show-cause notices to the Ghaziabad Police Commissioner, the Wave City station house officer, and other involved officers, requiring them to explain the non-registration of the FIR.
The court directed the state police chief to submit a personal affidavit detailing the findings of the inquiry within four weeks. The bench observed that the duty of police at the initial reporting stage is to record information and investigate, rather than adjudicate the truthfulness of allegations or shift the investigative burden onto complainants.
Origin of the Allegations
The case originated from allegations made by a former employee of a real estate firm against its owner. According to court filings, the woman alleged that her employer repeatedly molested her inside his office cabin and committed digital rape in March 2026. Following these incidents, she resigned from the company on April 8.
Shortly after her resignation, the employer filed an extortion case against her on April 14, leading to her arrest. After obtaining bail from the High Court, the woman attempted to lodge a criminal complaint regarding the alleged sexual assault and intimidation at the Wave City police station, followed by a formal representation to the Ghaziabad Police Commissioner on July 7, 2026.
Police Inaction and Judicial Intervention
Local police declined to register an FIR upon receiving the complaint, stating that the woman had failed to submit supporting evidence such as WhatsApp message logs or call recordings. Police further characterized the allegations as an exaggerated counter-blast to the earlier extortion case.
Due to police inaction, the complainant petitioned an Additional Chief Judicial Magistrate in Ghaziabad. The magistrate subsequently ordered the police to register a case and initiate a lawful investigation.
Following the magistrate’s order, police registered an FIR against the builder under Bharatiya Nyaya Sanhita sections covering rape, sexual harassment, assault with intent to disrobe, assault to outrage modesty, and criminal intimidation. The accused then moved the High Court to challenge the magistrate-directed case, resulting in the High Court’s dismissal of his petition and subsequent probe directives against the handling officers.
