SUMANGALA SEEMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this writ petition the petitioner prays that she should be set at liberty to live wherever she likes. It is further prayed that the order dated 6/7/1992 be quashed.

(2.) The petitioner Sumangala Seema has filed this petition though her friend Sushil Kumar. According to the facts as disclosed in the writ petition a first information report was lodged by one Ram Chandra, father of the petitioner Sumangala, in the year 1992 at police station Saadatganj, lucked to the effect that his daughter Kumari Sumangaia was missing. A copy of that F.I.R. is annexure - 1. This resulted in a case being registered as crime No. 87 of 1992 under section 363/366 I.P.C. Sushil Kumar who is the next friend of the petitioner in the present case was arrested but thereafter was released on bail. Kumari Sumangala was taken into custody on 21/5/1992 and she was thereafter medically examined. The medical examination report revealed that her age was between 18 and 19 years. Kumari Sumangala was produced before the court of IVth Additional Munsif Magistrate, Lucknow for recording her Statement under Section 164 Cr. P.C. on 25/5/1992 but her statement could not be recorded that day but was recorded on 27/5/1992, by with additional Chief Judicial Magistrate, Lucknow, a copy of which is annexure - 5 to this writ petition. Kumari Sumangala was sent to protective home. Ram Chandra, father of the petitioner moved in application for her custody and the same was allowed by the IVth Additional Chief Judicial Magistrate, Lucknow on 6/7/1992, a copy of which is annexure, 6. Kumari Sumangala also moved an application before the 1st Additional Chief Judicial Magistrate, Lucknow on 16/6/1992 to the effect that she wants to live with Sushil Kumar, a copy of which is annexure-7 to the writ petition. An application was also moved Sushi Kumar on 18/6/1992 to the, effect that the petitioner may be given in his custody a copy of which is annexure-2. The IV Additional Chief Judicial Magistrate passed an order directing the custody of the petitioner to be given to her father. This order was passed without the consent of the petitioner.

(3.) A revision was filed against this order by Sushil Kumar on 6/7/1992 and the operation of the orders of the IV Additional Chief Judicial Magistrate was stayed, but later on this stay order was vacated. During the pendency of the revision on 11/7/1992 the deponent, Sushil Kumar heard the voice of shouting of Kumari Sumangala. She was shouting, MUJHKO MAT MARO, which shows that the life of Kumari Sumangala is in danger. She is being confined at the place of opposite party no. 3 without her consent and she cannot be detained at any place without her consent.