SURYA BHAN KARWARIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The complainant lodged the first information report on 07th February, 2006. He said that his wife Smt. Bachchi Devi is an elected Member of Kshetra Panchayat. On 24th January, 2006, when he had gone out of home for some essential work, the petitioner No. 1, a candidate of Pramukh Kshetra Panchayat, and petitioner No. 2, the village Pradhan, came to his house at about 6.00 O'clock in the evening along with rifle and gun and threatened his wife to cast vote in his favour. In turn, she said that she will not take any decision without any consultation with her husband, Thereafter, the petitioners abducted his wife by force with a threat of life and property. With the hope of return of her, he waited for few days. But ultimately when she did not return, he lodged this first information report.

(2.) The Court has to take into account the prima facie case in the first information report to come to a conclusion. Upon going through the Section 364 I.P.C. we are of the view that ingredients of making a prima facie case of abduction are available in the first information report. Section 506 I.P.C. relates to criminal intimidation to which this Court found ingredients of prima facie case. So far as the S.C./S.T. Act is concerned, no specific case has been made out. The abductee belongs to SC/ST class. However, all the sections under both the Acts have cumulative effect. Therefore, the Court has no need to consider any other factum to come to an appropriate conclusion.

(3.) The petitioners wanted to establish a case on the basis of the supplementary affidavit with annexures in the nature of statements of the abductee and two others under Section 20 Cr.P.C. and 202 Cr.P.C. respectively. It is stated therein that she was not abducted at all. She had gone to Vindhyachal and subsequently to the place of 'Mela' at Allahabad along with her husband and father in-law. Her husband left the place earlier on 05th February, 2006. It has been contended that with the influence of a political party for the Chairmanship of one Kshetra Panchayat, Manjhanpur, pressure has been made upon the abductee. In fact, on 09th February, 2006 one Sri Hari Mohan and one Sri Karan Singh along with two policemen started abusing her when she was coming to a bus stand and forced her to accompany them. To avoid untoward incident she started crying and after hearing her hue and cry she was surrounded by a group of people and upon seeing that, they have fled away. Hence, such complaint was lodged.