KM SHAKUNTALA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This action arises out of the judgement dated 6-7-95 passed in the Habeas Corpus Petition No. 36152 of 1994 by which Shyam Narain Sharma was directed to had over Km. Shakuntala to her father Shri Shambhoo Nath Singh.

(2.) The writ petition No. 36152 of 1994 was filed on behalf of Km. Shakuntala through her father Shambhoo Nath Singh, inter alia, indicating therein that he had engaged Shyam Narain Sharma as a private tutor to teach and guide the petitioner Km. Shakuntala at his residence. On the fateful day i.e. on 31-10-94, Shyam Narain Sharma had taken away the petitioner Km. Shakuntala to the market on the pretext that he would get certain books and other materials for preparation of her High School examination; when she did not turn back. F.I.R. was lodged in the police station in this connection. Since the girl was illegally detained by Shyam Narain Sharma, hence the writ petition was filed before this Court with the prayer for issuance of a writ in the nature of Hebeas Corpus. After exchange of affidavits by both the parties in the aforesaid writ petition, on behalf of the petitioner the father and brother of the girl were examined. They were cross-examined by the learned counsel for the respondent. However, neither respondent Shyam Narain Sharma himself came in the witness box nor he produced any oral evidence in support of his evidence. After hearing the parties, operative portion of the judgement was passed on 6-7-95 by issuing a writ in the nature of Habeas Corpus directing opposite party Shyam Narain Sharma to produce Km. Shakuntala, daughter of Shambhoo Nath Singh in this Court on 14-7-95 or to hand over the custody of Km. Shakuntala to her father before the said date. Thereafter the reasons to the judgement were given.

(3.) Since respondent Shyam Narain Sharma failed to comply the order of this Court, hence, this Court was constrained to initiate suo motu contempt proceedings under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act and a charge was framed against him in his presence on 24-7-95 and certified copy of the charge was also given to him on the same day. Shyam Narain Sharma submitted his reply in four paragraphs to the show cause notice, inter alia, mentioning therein that Km. Shakuntala had never remained in the custody of him, he does not know her whereabouts and after receiving the show cause notice he tried to find out her but all in vein.