₹24 lakh from the employer. She then addressed a second complaint to the police commissioner, and filed a private complaint before the magistrate court which passed an order dismissing the complaint and refused to register the complaint.
The HC said the magistrate was duty bound to send the complaint for police investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) as the offences were cognizable. Without affording an opportunity of hearing to the petitioner, the court shifted the burden on the petitioner to produce the evidence in support of allegations made in the complaint dated May 5, 2023 even when she made repeated requests to secure the evidence through police, the HC said.
While the complaint prima facie disclosed cognisable and non-compoundable offences including allegation of human trafficking, it was the duty of the police to thoroughly and impartially investigate the allegations more particularly as in the case of human trafficking, the consent of victim is immaterial, the court observed. (With inputs from PTI)Milestone Alert!
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