GAURAV CHATURVEDI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The instant petition has been filed on behalf of the petitioner seeking the relief in the nature of Habeas Corpus directing the respondents to set him at liberty forthwith and also quashing the order dated 13.5.2015 passed by the District Magistrate Jalaun at Orai (respondent no.3) whereby the petitioner has been ordered to be detained in captivity in exercise of power under section 3 of the National Security Act 1980.

(2.) The emanation of facts divulged in a short conspectus is that a first information report was registered against the petitioner vide Case Crime No.3259 of 2014 under sections 363/366 IPC on 31.8.2014 in respect of kidnapping Neetu Shukla, the minor daughter of Rajeev Shukla on 29.8.2014. Another first information report was also lodged on 24.9.2014 by Rajeev Shukla against the petitioner in respect of the incident dated 22.9.2014 vide Case Crime No. 3603 of 2014 under sections 364/363/328 IPC for kidnapping of his two minor daughters namely Neetu Shukkla & Vaishali. After registration of the case, the investigating officer swung into action and on 8.10.2014 the police had recovered the victims and their statements were recorded before the Magistrate under section 164 Cr.P.C. in which they disowned the prosecution story and explicitly stated that they were not kidnapped by the petitioner. They had gone out of their own free volition. Separate charge sheets were submitted in both the cases on 1.11.2014. The statement of victim Neetu was again recorded under section 164 Cr.P.C. on 18.11.2014. In the meantime on the basis of the initial first information report, two decomposed dead bodies of female were recovered from the Nala Atrakala falling within the territorial jurisdiction of Churkhi. Both the dead bodies were identified by the informant Raju Shukla confirming that these dead bodies are of his daughters Neetu Shukla and Vaishali. After conducting the necessary formalities, both the dead bodies were sent to the mortuary for autopsy. After postmortem of both the bodies, wrath and indignation of the public exploded against the police authorities on account of inaction and insouciant attitude in discharge of their duties. The public at large could not squash their fury and ire. They aggravated the situation by developing ugly scene causing damage to the public property and also attacking on the police personnel. Both the victims namely Neetu Shukla and Vaishali, the daughters of the complainant were recovered alive by the police personnel. After recovery of both the victims, the Station House Officer moved an application in the court of Chief Judicial Magistrate Jalaun for recording their statements under section 164 Cr.P.C. The statement of both the victims under section 164 Cr.P.C was recorded wherein they did not support the prosecution version rather disowned the prosecution case in toto. The police personnel had not found any offence showing the complicity of the petitioner under section 302 and 201 IPC. The learned Magistrate found that there was gross negligence and dereliction on the part of the police personnel in discharge of their duties hence passed order dated 9.10.2014 for taking appropriate action against the erring police officials for not recovering the actual victims rather substituting two dead female bodies giving tinge of two kidnapped girls. The petitioner applied for bail before the Additional Sessions Judge Jalaun at Orai in both the cases. The learned Additional Sessions Judge rejected both the bail applications by order dated 7.1.2015. Against the rejection of both the bail applications by the court below, the petitioner applied for bail before High Court being application nos. 11709 of 2015 in Case Crime No. 3259 of 2014 and 11700 of 2015 in Case Crime No. 3603 of 2014. Both the bail applications were allowed by the Hon'ble High Court granting bail to the petitioner by orders dated 8.4.2015 and 27.4.2015 on the ground that the medical report does not corroborate the statement of the victim. The victim appears to be consenting party as she had travelled at various places along with her real sister. On the strength of two cases, the applicant was implicated in another case vide Case Crime No. 3931 of 2014 under sections 2/3 U.P.Gangster & Anti-social Activities (Prevention) Act, Police Station Kotwali Orai District Jalaun. The petitioner was also enlarged on bail by order dated 27.4.2015 passed by this Court.

(3.) The thrust of argument of Sri Sudhir Mehrotra, the learned counsel for the petitioner is that on the basis of the first information report lodged by Raju Shukla, the father of the victims, two female dead bodies recovered by the police from the Nala Atrakala falling within the territorial jurisdiction of Churkhi. Those dead bodies were identified by the complainant claiming them to be the corpse of his daughters namely Neetu Shukla and Vaishali which caused great infuriation and anguish in the mind of the public at large taking ugly turn of damaging the public property and attacking the police station. In consequence of developing disorderly scene by the public at large, a number of police persons were injured and the public property was also ruined. An F.I.R. was lodged by S.O. Mohit Dwivedi at P.S. Kotwali Orai, as Case Crime No. 3714 of 2014 on 5.10.2014 at 10.45 a.m. against a number of named and unnamed persons ranging about 100 to 150 under sections 147/148/149/307/332/353/341/427 IPC read with section 7 Criminal Law Amendment Act. During investigation, the investigating officer Santosh identified seven persons involved in the aforesaid incident. Another first information report was lodged by the Inspector Incharge Kotwali Orai Sri Santosh Kumar Singh on the same day at 11.50 a.m. as case crime no.3715 of 2014 against 400 to 500 unknown persons under sections 147/148/149/307/332/353/341/436 IPC read with section 7 Criminal Law Amendment Act. Brief report was given to the Incharge Police Station unfolding the facts that petitioner along with his associates are in the habit of kidnapping minor girls and also exploiting them by ravishing their modesty and virginity. Case was also registered under the Gangster Act vide Case Crime No.3931 of 2014. In such a grim and horrific situation, it is necessary to keep the petitioner in captivity so as to maintain law and order problem.