PRABHASH KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner is feeling aggrieved as while submitting closure report in the case FIR No.594/2004, PS Timar Pur registered on the basis of statement made by him, Kalandra was filed against him under Section 182 IPC.

(2.) AS per the contents of the FIR No.594/2004 registered at PS Timar Pur under Section 365 IPC, petitioner Prabhash Kumar reported that he alongwith his wife Rohita Chakma was staying at B -2, Gandhi Vihar. They got married in Arya Samaj Mandir a day before in the presence of Anthony, Hemant and Sanjeev. He further informed that some people knocked his door in the night. When he opened the door, he and his wife both were given beating. They had taken away his wife as well Rs.20,000/ -, one gold chain and two mobile phones.

(3.) DURING investigation, statement of Rohita Chakma was recorded wherein she stated that on 18.12.2004 Prabhash Kumar Singh i.e. the petitioner asked her to go to temple in the afternoon. When she tried to flee from that place, Prabhash Kumar and his two friends caught her and threatened to kill her and took her to a Hindu Temple near ISBT and put Sindoor on her forehead and there was no witness of this marriage from her family or the Community. She further stated that on the same evening, Prabhash Kumar alongwith his fifteen friends went to the houses of North -East students living in Gandhi Vihar as he wanted to make one of the Chakma boys a witness to the marriage. Since the Chakma boys refused to become witnesses, Prabhash and his friends gave beatings to them and tried to take the girl (her) alongwith him after threatening her. Then she spoke in her Chakma language to those North -East boys to come to her rescue and save her life. After that, Prabhash Kumar Singh took her to his flat B -2, Gandhi Vihar. When all the friends of Prabhash Kumar left his house, during the night time some boys of North -East came to his flat and she fled away alongwith them to save her life.