BABLI ALIAS MAYA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners have come up with prayers to quash (i) the First Information Report dated 4th December, 2001 appending its Zerox copy alongwith typed copy as Annexure-1 drawn up on the information of own younger brother of Petitioner No. 1 named Shiv Kumar, Son of Santosh Singh, giving rise to registration of Case Crime No. 665 (wrongly stated in the prayer portion as 664 of 2001) under Sections 363, 506 and 364 IPC (ii) the police investigation in relation to the aforementioned case and (iii) to command the respondents not to interfere with their liberty to lead their marital life and take Petitioner No. 1 in custody and handover to Respondent No. 3.

(2.) THE impugned First Information Report states, inter alia, to this effect:-at about 5. 00 a. m. early morning the Informant's elder sister Babli (= Petitioner No. 1) aged 16 years and Maternal Grand- Mother went out of the Village for easing out, after some time he, too, went for easing; about 150 meters away from the Village, he saw that Badmash, after pushing away her Maternal-Grand-Mother forcibly putting her sister Babli in a Marshal Deluxe vehicle belonging to Petitioner No. 2. Om Veer Singh after tearing her cloths, where he rushed; he was threatened by Katta and Aslahon and was asked that if he will cry then he will be murdered and thus he could not cry to save her sister; Petitioner No. 2, Driver Mahipal Singh, Jagveer Singh, Karua, Ashok and two others unknown were on the vehicles, which they drove away; later-on his Tau Ashok Kumar came and was apprised of the entire facts; her sister was taken away with intention of either kidnapping or committal of rape; he has come alongwith his Tau to get his report lodged, which be registered and action taken against the aforesaid persons and his sister be traced out.

(3.) THEREAFTER, on 18th February, 2002 this writ petition was placed before us. What happened before us in Court stands reflected in our order dated 18-2-2002, which reads as follows: "in terms of the Court's order dated 29-1-2002 Babli alias Maya is being produced before us. She makes statements to this effect before us:-She had married Petitioner No. 2 Om Veer Singh of her own sweet will and not under anyone's enticement or coercion; that the statements made in the writ petition to the contrary have been made by her under threat and coercion of her killing by her father Santosh Singh, her uncles Rakesh Singh and Kamlesh Singh; her father's elder brother Ashok Singh and a man who is present in Court in yellow clothes with turban on his head whose name she does not know but identifies in Court who has been visiting her house for the last about two months and doing some tantra-mantra, and her cousin Vinod Kumar son of Ashok Singh; that they also threatened her that if the Court sends her to Nari Niketan she will be got killed there also; and that they have got kept arms in lawyer's Chamber No. 19. In the larger interest of justice we direct the police authorities deputed in the Court premises to visit lawyer's Chamber No. 19 atonce to find out as to whether any arm has been kept in lawyer's Chamber No. 19 or not and if it has been kept, to lodge a FIR atonce against the persons concerned and thereafter, the police will act in accordance with law. We are required to rise at 3. 15 p. m. so as to assemble in the Full Court reference. Thus it is not possible for us to proceed with this case any further today. Having regard to the peculiar facts and circumstances, in the larger interest of justice, we direct the Registrar-General of the Court to send Petitioner No. 1 atonce to Nari Niketan where she will be given all possible protection so that no one could coerce her or make any attempt to kill her, who shall be further produced before us tomorrow at 10. 00 a. m. for hearing this case further directing the Senior Superintendent of Police, Allahabad to do the needful in this regard. We also direct the police authorities in the peculiar facts and circumstances to release Petitioner No. 2 forthwith on furnishing Bail Bonds of Rs. 5,000 with two sureties of the like amount to the satisfaction of Chief Judicial Magistrate, Hathras who has been arrested in Case Crime No. 665 of 2001 under Sections 363, 504, 506, 364 IPC, P. S. Sikandra Rau, District Hathras. The person in yellow dress and turban on his head discloses his name as Narain Das son of Sri Parmanand Resident of Village Binaura, P. S. Churkhi, District Jalaun. The other two persons present in Court disclose their names as Ashok Kumar son of Hari Mohan and Shiv Kumar son of Santosh Kumar both residents of village Sarai, P. S. Sikandra Rau, District Hathras. The aforementioned three persons identified by the Petitioner No. 1 thus prima facie had committed Contempt of this Court in giving threats to her of being killed and make incorrect statements and have apparently obstructed the administration of justice of this Court and thus we initiate proceedings under Article 215 of the Constitution of India against all of them who are also forwarded before the Registrar-General of the Court for furnishing undertakings that they will produce themselves tomorrow. This Criminal writ petition and Article 215 contempt proceedings both shall be heard further tomorrow. It is needless to clarify that this Division Bench constituting Allahabad High Court itself has plenary power under the Constitution of India to initiate proceedings in contempt under Article 215 of the Constitution of India for which no rules have been framed under the Rules of the Court and is competent to deal with such a situation suo moto. Before parting for the day we point out that Sri Udai Karan Saxena, who has entered appearance on behalf of Babli alias Maya aforementioned, sought withdrawal as the Counsel from this case but at the moment it will not be desirable to pass any order in that regard for the present. The office is directed to send a copy of this order to (i) Nari Niketan, Allahabad and (ii) Senior Superintendent of Police, Allahabad, in course of the day, for a follow up action. The office is further directed to hand over a copy of this order to Sri A. K. Verma, learned A. G. A. , in course of the day for its intimation to and follow up action by the Chief Judicial Magistrate, Hathras. "