BITANNI Vs. STATE OF U P

JUDGEMENT

(1.) Smt. Bitanni and Sunil have filed this application challenging the order dated 12.8.1994 passed by the Chief Judicial Magistrate Sitapur directing the applicant Bitanni to be detained in Nari Niketan.

(2.) According to the allegations made in the application, the two applicants, namely Smt. Bitanni and Sunil fell in love with each other and they decided to get married, but Ram Devi, mother of applicant Bitanni was opposed to the love marriage and hence applicant No. 1 Smt. Bitanni left her parental roof; got married to applicant Sunil and both of them started living with each other as husband and wife. However, their happy living together was interrupted on the lodging of First Information Report by Smt. Ram Devi under Sections 363, 366 120-B I.P.C. and Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act at Police Station Kotwali, Sitapur. A case was registered as crime No. 202 of 1994 and on the strength of the First Information Report lodged by Smt. Ram Devi, the police took applicant Bitanni in custody and produced her before the learned Chief Judicial Magistrate, Sitapur who recorded her statement under Section 164 Cr.P.C.

(3.) In her statement Smt. Bitanni stated that she had not been deceived or lured in any manner and she had gone along with Sunil of her own free Will. She further stated that she and Sunil were living as husband and wife. She insisted that she be allowed to go along with Sunil.