CHINTA MANI TRIPATHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) One Shiva Devi, daughter of Ram Charan, gave a written application to the S.S.P. Allahabad, alleging that at about 6 p.m. on 20-5-1987 the applicant Chinta Mani Tripathi placed a gun on her chest and threatened to shoot her and thereafter forcibly committed rape on her. Some other girls who were accompanying the informant ran away from the spot after the applicant had threatened to shoot the informant. These girls informed the mother of the informant at her house who proposed for the spot. On the way applicant Chintamani Tripathi met her and also assaulted her. It was further alleged that after the informant returned to her house the applicant Chintamani used to sit at her door with a gun and did not permit her nor any member of her family to go out and that at every time someone from the side of the applicant blocked the way. On 4-6-1987 the informant's father sent an information to the District Magistrate and the S.S.P. Allahabad but no steps were taken. The informant was a poor girl belonging to Mallah caste and was aged about 16 years. She had been married but Gauna ceremony had not been performed.

(2.) It appears from the record of the case that the S.S.P. Allahabad passed an order on 8-6-87 directing C. O. Meja to get the case registered and take necessary action. C. O. Meja then passed an order on 10-6-87 directing S.O. of P.S. Meja to register the case and take necessary steps. Thereafter, the case was registered at P. S. Meja on 18-6-87 as Crime No. 97 of 1987 u/S. 376, IPC against the applicant Chinta Mani Tripathi and investigation was entrusted to Dalip Singh, S.I.

(3.) It appears from the record that the application moved by the applicant for surrender before J.M. I Allahabad was rejected as he did not appear on the date fixed. He later on moved a petition u/S. 482 Cr. P.C. in the High Court on the allegation that he was ill and was admitted in Swarup Rani Nehru Hospital, Allahabad. The High Court gave a direction that the applicant be taken into custody in the hospital in Crime No. 97 of 1987 u/S. 376, IPC. The applicant moved an application for bail which was allowed by the incharge Sessions Judge, Allahabad, on 13-8-1987. The complainant then moved an application for cancellation of bail granted to the applicant on 3-9-1987 which was allowed and the bail granted to the applicant was cancelled on 5-2-1988. The applicant did not surrender and filed Crl. Misc. Application No. 1251 of 1988 in this Court u/S. 482, Cr. P.C. It was admitted on 9-2-1988 and the operation of the order dated 5-2-1988 passed by the learned Sessions Judge was stayed. On 7-3-1990 the petition was finally disposed of with the direction that the bail cancellation application should be reheard by the learned Sessions Judge and be decided in accordance with law. The bail cancellation application was heard again and Shri B. N. B. Asthana, Sessions Judge, Allahabad, by his order dated 20-6-1990 cancelled the bail granted to the applicant in Crime No. 97 of 1987. The applicant did not surrender and he moved Misc. Application No. 7109 of 1990 u/S. 482, Cr. P.C. in this court challenging the order dated 20-6-1990 passed by the learned Sessions Judge, Allahabad. On 28-6-1990 this Court issued notice to the opposite parties to file counter-affidavit and stayed the arrest of the applicant till 9-8-1990. This stay order was extended from time to time till 30-11-1990. Thereafter, the stay order was not extended.