Prayagraj: Allahabad high court has ordered an inquiry against various police officers in Ghaziabad, including the commissioner, for failing to register an FIR on a complaint disclosing commission of digital rape, molestation and other offences.The term ‘digital rape’ refers to non-consensual penetration of a person’s private parts using fingers or toesDismissing the petition filed by accused Arpit Gupta, a bench of Justice Chandra Dhari Singh and Justice Tarun Saxena noted that the failure to register the FIR on the survivor’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 allegations. The 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 added.The bench observed that it was difficult to understand why the police station concerned did not register an FIR when the survivor approached it with allegations which, prima facie, disclosed cognisable offences. It is equally difficult to understand why the complaint dated Jul 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.The court stressed that the police are required to register the information, investigate the allegations and collect evidence. They are not required to decide the ultimate truth or falsity of the allegations at the stage of registration, it added.Considering the lapses in the case, the court asked UP DGP to examine the matter, particularly the conduct of police personnel at the Wave City police station and the role of officers concerned including the commissioner.The DGP was asked to issue show-cause notices to the commissioner, SHO and other officers requiring them to explain why the FIR was not registered.“DGP shall personally supervise the inquiry and submit a report, by way of personal affidavit, before this court within four weeks,” ordered the court.The accused, Arpit Gupta, is stated to be the owner of real estate company. Gupta sought quashing of the rape case registered against him on the directions of a magistrate.In her application before the Ghaziabad court, the complainant, an employee of Gupta, 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 Mar 2026 he committed digital rape by inserting his finger in her private part. She further said that he put his hand inside her top and pressed her breasts. Consequently, she resigned from her position on Apr 8.Thereafter, the accused allegedly got a case of extortion registered against her on Apr 14, the court was told. She 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 intimidation. However, after the police failed to act on her complaint, she moved an application before the 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 material. It also said that 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).Gupta then approached the high court to quash the FIR.The court emphasised that allegations of sexual harassment and sexual assault in the workplace require a sensitive, fair and legally compliant investigation.The court, therefore, refused to quash the FIR and dismissed the petition in a decision dated Aug 6.
