NBW issued against man, accused of sexually assaulting his daughter when she was minor: Police to SC

The accused has moved the application for anticipatory bail and copy whereof has already been served on the public prosecutor, the bench noted in its order and posted the matter for further hearing on December 3.At the outset, the bench asked the counsel appearing for the police as to whether the accused had been traced.The counsel said NBW has been issued on November 24 and the next date before the concerned district court is December 24.

The Delhi Police on Monday told the Supreme Court that a non-bailable warrant (NBW) has been issued against a man, who is accused in a case lodged on a complaint by her daughter that she was allegedly sexually assaulted by her father when she was a minor.

The police told a bench of Justices A M Khanwilkar and C T Ravikumar that the NBW has been issued on November 24 and some time be granted to act upon it.

Advocate Akshita Goyal, appearing for the petitioner, told the bench that the accused had filed an application seeking anticipatory bail before a court here this week and his affidavit has been signed in Delhi.

"It is surprising that he is filing anticipatory bail and you have no notice about it," the bench told the counsel, who was representing the Delhi government as well as the police.

The counsel said he would seek instruction on the issue.

"Counsel for the petitioner submits that the information provided to the counsel appearing for the State is not accurate. The accused has moved the application for anticipatory bail and copy whereof has already been served on the public prosecutor," the bench noted in its order and posted the matter for further hearing on December 3.

At the outset, the bench asked the counsel appearing for the police as to whether the accused had been traced.

The counsel said NBW has been issued on November 24 and the next date before the concerned district court is December 24. In September this year, the police had told the top court that a regular FIR has been registered in the matter in which the 19-year-old woman has alleged that she was sexually assaulted by her father when she was a minor.

The top court was hearing a petition filed by the woman, who had sought transfer of the case lodged on her complaint from Ambala in Haryana to Delhi.

The woman, in her petition filed through advocate Abhinav Agrawal, has claimed that her father had sexually assaulted her when she was a minor and as her mother had passed away in 2016, there is no one to look after her in the family.

Initially, a zero FIR was lodged here on the woman's complaint and it was transferred to Ambala because of the jurisdictional issue.

A zero FIR can be filed in any police station and it is then forwarded to the concerned police station under whose jurisdiction the alleged offence has been committed for necessary action.

In her petition, the woman has said that she had left her home on July 22 and went to one of her relatives' houses, and the next day, she had approached the DCW. She has sought a direction that upon transfer of the case to Delhi, it be investigated as per the procedure prescribed under the Protection of Children from Sexual Offences Act, 2012 and also the standing order issued by Delhi Police for response and probe into cases of a sexual offence.

The plea has also sought a direction to the Delhi Commission for Women to look after the protection and necessities of the woman as she fears for her safety.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)