SHAKUNTLA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed, inter alia, that respondents 1,2 and 3, namely, Union of India, Delhi Administration and the Commissioner of Police be directed to register a case against respondents 4 to 9 and their associates under Sections 452,380, 323,354, 147, 148, 149 and 34 Indian Penal Code and that investigation.be directed to be carried out by the Crime Branch or CBI or IB. The prayerrs based upon allegations made in the petition in respect of incidents which are said to have taken place on 30th, 31st of July, 7th of October and 7th of November 1993 involving Gopal, Pushkar and Sanjay, all sons of Babu Ram, and Promod and Dalip, both sons of Devraj and one Amar Singh respondents 4 to 9 respectively. Respondents 4 to 6 live in the same house as the petitioner. Respondents 7 to 9 live nearby. Respondents' 10 to 13 are officers of the local police station, who are alleged to be colluding with respondents 4 to 9.

(2.) According to the petitioner, she, her old mother and brothers reside in a portion on the second floor of House No.2088, Makim Pura, Ghanta Ghar, Subzi Mandi, Delhi. There was no door to separate their premises from the rest of the house. So, they had no privacy. On 30th of July 1993, when the petitioner wanted to instal a door, respondents 4, -5 and 6, who are bad characters and are involved in a number of criminal cases, objected. They, along with their accomplices respondents 7 and 8, insisted upon removing the door. The petitioner's mother reported the matter to the police station. Next day, on 31st of July 1993 at about 7.05 p.m., respondents 4 to 6, along with their accomplices, assaulted the petitioner and her mother and misbehaved with the petitioner. The petitioner shouted for help. Some 5 or 6 persons rushed upstairs and saved them. When they went to the police station, instead of helping them out, the police officers detained the petitioner and her mother for the whole night at the police station. In their absence, their telephone, fridge, fan and other articles were broken and 'valuables' were taken away by the miscreants. The petitioner made a complaint dated 2nd of August 1993 about all this to the Lt. Governor and forwarded copies to the Commissioner of Police and to the Police Station, Subzi Mandi. A copy of the complaint is Annexure A. Another complaint dated 20th of September 1993, in respect of the same incident that took place on 31st of July 1993, was made to the Deputy Commissioner of Police, Civil Lines, Delhi, with copies, forwarded to D.C.P. (Vigilance), Police Headquarters and the Commissioner of Police, a copy of which is Annexure C.

(3.) Further, it is alleged that on 7th of October 1993, Pramod and Dalip respondents 7 and 8 respectively hurled abuses at the petitioner. Again, on 8th of October 1993, Gopal respondent No.4 and Pramod respondent No. 7 abused the petitioner in filthy language (the actual words need not be reproduced here) and that Pushkar respondent No.5, Sanjay respondent No.6, Dalip respondent No.8 and Amar Singh respondent No.9 also joined them in doing so. They even tried to manhandle the petitioner. When she raised hue and cry, the neighbours collected there and rescued her. Dalip threatened to kill the petitioner and her mother. Since the police did not take any action, the petitioner made a complaint dated 13th of October 1993 to the Commissioner of Police, a copy of which is Annexure D (colly.).