DEEPSHIKHA BHADAURIA Vs. STATE

JUDGEMENT

(1.) ON 10th June, 2009, Ms. Munni Devi had lodged a complaint with the police station Bhajan Pura that her daughter-in-law Ms. Deepshikha was missing. A missing person report was registered and inquiries were taken up. During investigation, Ms. Munni Devi had made a statement that Ms. Deepshikha had been abducted by Mr. Deepak Kumar, Mr. Praveen Kumar and Mr. C.P. Singh. Thereafter, FIR No. 218/2009 under Section 365/34 Indian Penal Code was registered in the police station Bhajan Pura and investigation was made.

(2.) ON 11th June, 2009, a complaint purportedly signed by Ms. Deep shikah was received in police station Bhajan Pura. In this complaint it was stated that she was living with her husband Mr. Praveen Kumar and apprehended threat to her life from her parents and others. An application for recording of statement of Ms. Deepshikha under Section 164 Code of Criminal Procedure, 1973 (Cr.P.C. for short) was received on 14th June, 2009, in the police station Bhajan Pura from the duty Metropolitan Magistrate, Karkardooma Courts, Delhi with a direction to report on 15th June, 2009. After receiving copy of the application, the Investigating Officer visited the address mentioned in the application. The Investigating Officer did not find Ms. Deepshikha or Mr. Praveen Kumar, Mr. Deepak Kumar and Mr. C.P. Singh at the address. ONe lady, wife of Mr. C.P. Singh, was found but she was not a position to give any information. The Investigating Officer left a message that it was necessary to record statement of Ms. Deepshikha under Section 162 Cr.P.C..

(3.) MS. Deepshikah subsequently filed a Writ Petition (Criminal) No.932/2009 for providing protection and appropriate security. She had made allegations against Mr. Praveen Kumar and his relatives. Mr. Praveen Kumar entered appearance and submitted that he had neither threatened the petitioner or her family members, nor he would do so in future. He had further stated that he was lawfully married to MS. Deepshikha and it was an inter-caste marriage and, therefore, MS. Deepshikha was facing opposition from her family members. The statement made by Mr. Praveen Kumar was taken on record and it was held that he would be bound by the statement. On the basis of the said statement, counsel appearing for MS. Deepshikha did not press the petition at that stage and the same was dismissed as withdrawn.