Gujarat HC directs probe by senior IPS officer on Bulgarian woman’s rape allegations against pharma firm CMD

The complaint was moved under section 156(3) of the Criminal Procedure Code (CrPC) which empowers the magistrate to order an investigation. The application was, however, rejected in October 2023, following which the woman moved the Gujarat High Court the same month. Before approaching the magistrate court, the woman had approached a Mahila police station and other investigation agencies as well.

On Thursday, Justice H D Suthar quashed and set aside the magistrate court’s orders rejecting the woman’s plaint, and directed the magistrate to pass an order of investigation by the competent officer under the provisions of CrPC section 156(3), “having regard to the facts and circumstances of the case, including the need for fair investigation.”

The court further directed that the investigation shall be completed within two months and shall be carried out under the supervision of a senior IPS officer, to be nominated by state DIG (Law and Order).

The complainant woman had also alleged that her attempts at registering an FIR at the Mahila police station and with other authorities were unsuccessful and alleged that officials at the Mahila police station had pressured her to withdraw her complaint.

In this regard, Justice Suthar directed the state to look into the woman’s allegations against police officers for not registering her complaint and said in case any fault was found, the woman could take appropriate action.

As per the woman’s complaint, after she was employed as a flight attendant and a personal assistant for the CMD in August 2022, she landed in India on November 24 that year and was housed near the residence of the accused CMD to work as his “butler personal assistant”.

According to the complaint, the woman alleged that she was asked to accompany the CMD on an Udaipur trip in February this year and days later, on a trip to Jammu as well. On their way back on the flight, she was put in an “uncomfortable situation” by the CMD and was subsequently sexually harassed by him.

Thereafter, the woman approached several police stations with her complaint alleging rape and sexual harassment, before moving the magistrate court seeking an investigation.