ALISHABBIR Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Petitioner Ali Shabbir has preferred this writ petition for the protection of his personal liberty. The petitioner is involved in crime No. 465 of 1999 under Sec. 366 I.P.C. which has now been converted under Sections 498-A/323/392/506 I.P.C. The case was initially registered at P.S. Aliganj on the strength of an FIR lodged by Ashok Bhasin, resident of E-III/841, Sector-I, Aliganj, Lucknow. It was alleged in the FIR that on 13th Sept., 1999 at 7 a.m. Ashok Bhasin's daughter Amrita Bhasin aged about 21 years left her house to appear in the LL.B. examination of Lucknow University. She did not return home in the evening and searches for her proved futile. However, Ashok Bhasin was informed that his daughter had eloped with Prince Shabbir. The words in the FIR are "PRINCE SHABBIR..........BAHLA PHUSLA KAR BULA LE GAYA HAI." So far as the petitioner is concerned he happens to be the father of the boy Prince Shabbir.

(2.) Learned counsel for the petitioner has argued that the FIR does not spell out any offence against the petitioner and there is not even a whisper of any role played by the petitioner. Learned counsel also submitted that Amrita Bhasin, daughter of informant, wanted to live with petitioner's son Prince Shabbir, but the petitioner had neither any concern with the same nor he ever encouraged his son in any manner to have an affair with Amrita Bhasin. After hearing learned Government Advocate we felt the necessity of summoning the case dairy. The case diary was produced before us by the Circle Officer, Mahanagar, Lucknow, who is presently investigating the case. We also summoned the statement of Amrita Bhasin alleged to be recorded under Sec. 164, Cr.P.C.

(3.) Petitioner Ali Shabbir is not named in the FIR. The case dairy reveals that Prince Shabbir had telephoned brother of Amrita Bhasin and asked him to reach at the I.T. crossing where he left Amrita Bhasin in the evening of 13th Sept., 1999 itself. Accompanied by her brother, she returned home. Even though statement of Amrita Bhasin could have been recorded under Sec. 161 Crimial P.C. the same day it was not done. The case diary shows that her statement was not recorded on that day and even on the following day i.e. 14th Sept., 1999. The investigating officer remained contented by recording statements of three other witnesses and he did not make any endeavour to have first hand knowledge of events from Amrita Bhasin herself. It was after twenty days of the incident, i.e. 5th Oct., 1999 that statement of Amrita Bhasin purports to have been recorded by the investigating officer. This belated statement of Amrita Bhasin is that on 13.9.1999 when Amrita Bhasin came out of the University gate after giving her examination, she found Prince Shabbir along with his two friends in Maruti Van No. UP-32 K-6144. Prince Shabbir told Amrita Bhasin that Amrita's father was at his house and was making wild accusations against him. Prince Shabbir asked Amrita Bhasin to accompany him to clarify things. When Amrita Bhasin refused to accompany Prince Shabbir, he threatened to kill her father and gave out that he would forcibly take Amrita Bhasin with him whereupon she accompanied Prince Shabbir in his Maruti Van. Prince Shabbir took her to a place near a building with a signboard 'Prince Property Dealer.' Mother and father of Prince Shabbir also arrived there. Prince. Shabbir told them that he wanted to marry Amrita Bhasin. The mother of Prince Shabbir opposed the idea and this led to a verbal exchange between Prince Shabbir on one hand his parents on the other hand for some time. Thereafter father of Prince Shabbir said that if he was bent upon marrying Amrita Bhasin, he may take her to Nainital where he will make arrangements. Father of Prince Shabbir also gave some money to Prince Shabbir. Thereafter when Prince Shabbir asked Amrita Bhasin whether she was willing to marry him or not, Amrita Bhasin refused to marry Prince Shabbir whereupon he placed his. lighted cigarette on her hand and started cutting the veins of her leg with a blade. The friend of Prince Shabbir asked Prince Shabbir not to do so. Thereafter, Prince Shabbir told Amrita Bhasin that he was allowing her to go home on that day, but if she did not marry him, he would kill her father. Thereafter, Prince Shabbir made a telephonic call at the house of Amrita Bhasin asking the household members of Amrita Bhasin to reach the I.T. crossing. Thereafter brother of Amrita Bhasin in the company of one of his friend arrived at I.T. crossing at about 9 p.m. and Amrita Bhasin was allowed to go by Prince Shabbir.