The Allahabad High Court has directed the Uttar Pradesh Director General of Police to inquire into the conduct of senior Ghaziabad police officials after an alleged sexual assault complaint was not initially registered as an FIR.
A Division Bench of Justice Chandra Dhari Singh and Justice Tarun Saxena said police cannot decline to register a case merely because officers have reservations about the truthfulness of allegations when a complaint discloses cognizable offences.
The Court has asked the DGP to examine the actions of officials at the Wave City police station and other senior officers, including the Ghaziabad Police Commissioner. The officials concerned are to receive show-cause notices explaining why an FIR was not registered when the complaint was first brought before the police.
The DGP has been directed to personally oversee the inquiry and submit a report to the High Court within four weeks.
The observations came during the hearing of a petition filed by Arpit Gupta, who sought cancellation of an FIR registered against him after a Ghaziabad magistrate ordered police to investigate allegations made by a former employee.
Gupta, who is associated with real estate firm Parit Associates (OPC) Private Limited, was accused of molestation, digital rape and criminal intimidation.
According to the woman’s complaint, Gupta allegedly molested her multiple times inside his office cabin and warned her against disclosing the incidents. She alleged that in March 2026, he inserted a finger into her private part and also put his hand inside her clothing and pressed her breasts.
She resigned from her job on April 8.
The woman later alleged that an extortion case was registered against her on April 14. She was arrested in that matter and subsequently secured bail from the High Court.
After her release, she approached the Wave City police station with allegations of molestation, digital rape and criminal intimidation. When the police did not register an FIR, she approached the Ghaziabad magistrate seeking directions for an investigation.
Police told the magistrate that she had been asked to provide supporting material, including WhatsApp messages, call recordings and other electronic evidence, but had not supplied it. They also suggested that the allegations might have been made in retaliation for the extortion case.
The magistrate nevertheless directed the registration of an FIR and investigation into the allegations.
The FIR invoked provisions of the Bharatiya Nyaya Sanhita concerning rape, assault on a woman with intent to outrage her modesty, sexual harassment, attempts to disrobe a woman and criminal intimidation.
Gupta then moved the High Court, arguing that the magistrate had not properly considered the police report before ordering an investigation. His counsel also questioned the digital rape allegation, referring to the employment relationship and the conduct attributed to the parties at the relevant time.
The High Court declined to quash the FIR, observing that the allegations involved disputed questions of fact that could not be conclusively assessed at the preliminary stage. Those issues, it said, required investigation, recording of statements and examination of the available evidence.
The Bench also rejected the suggestion that the absence of WhatsApp exchanges, recordings or social-media conversations was enough to discredit the complaint.
According to the Court, a preliminary assessment by police cannot prevent a magistrate from directing an investigation where the complaint itself reveals cognizable offences. The allegations were not limited to electronic communications, and the absence of digital evidence at the outset did not establish that the accusations were fabricated.
The Court further held that the extortion proceedings against the complainant did not automatically prevent investigation of the sexual assault allegations. The two cases could proceed separately and be considered on their own merits.
Emphasising the seriousness of allegations involving workplace sexual harassment and sexual assault, the Bench said complaints of this nature require a fair, sensitive and legally compliant investigation.
The Court ultimately dismissed Gupta’s plea to quash the FIR while directing a separate inquiry into the conduct of the Ghaziabad police officials over their handling of the woman’s initial complaint.
