DEVPRIYA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard Sri Pankaj Kumar Srivastava, learned counsel for the petitioner, Sri Syed Ali Murtaza, learned counsel for the respondent Nos. 1,2 and 3 and Sri Alok Ranjan Mishra, learned counsel for the Union of India/respondent No. 4.

(2.) This writ petition has been filed by the petitioner Devpriya with a prayer to issue a writ of certiorari quashing the impugned orders dated 16.08.2015 and 06.10.2015 passed by respondent Nos. 2 and 1 (Annexure Nos. -1 & 2 to the writ petition). A further prayer has been made for issuing a writ of habeas corpus commanding the respondents to produce the corpus of the detenue Devpriya and set him at liberty.

(3.) Brief facts of this case are that one Babu Ram son of Ilam Singh, r/o of village Biharipur district Baghpat had gone to the weekly vegetable market held in village Biharipur along with his brother Vedpal, his wife Smt. Madhubala, his son Kalloo, Vinod son of Raghuveer Singh, a friend of Vedpal and Manoj brother of Vinod for making weekly purchases on 19.06.2015 at about 7.00 p.m. A huge crowd had gathered at the place where the weekly market was being held. While aforesaid Babu Ram along with his relatives and friends was going towards the vegetable shop, he saw Satveer, resident of the same village, armed with pistol running towards him along with his wife Ramesho, Devpriya (petitioner) and Deovart both sons of Braham Singh, Priyavart son of Satveer, Mintoo son of Niranjan, Azad son of Bheem all residents of village Biharipur, P.S. and district Baghpat and Adesh son of Braham Pal resident of Bhaurakalan, district Muzaffar Nagar and on reaching near him, he and his wife Ramehso exhorted their companions to kill Vedpal and his friend Vinod, who belonged to Ninane as they were creating lot of troubles for them. Before Babu Ram and his other relatives could realise what was happening, the petitioner and his associates Deovart, Priyavart, Mintoo, Azad and Adesh riddled Vedpal and Vinod with bullets fired from their weapons which resulted in their instantaneous death. At the time of the incident a huge crowd comprising of men, women and children had gathered in the market area. Sounds of the gun shots caused stempede in the market. Shop keepers ran away leaving behind their merchandise. The womenfolk and the children present in the market fled to save their lives leaving behind their belongings, shoes and sleepers and hid themselves. The assailants ran towards their houses extending death threats to Babu Ram and his other relatives. On account of terror and the fear created in the village as a result of the incident no one was willing to open the door of his house. On the basis of the FIR lodged by Babu Ram at P.S. Kotwali, District Baghpat with regard to the aforesaid incident, case crime No. 578 of 2015, under Ss. 147, 148, 149, 302, 506, 34 IPC and 7 Crl. Law Amendment Act was registered against the petitioner and eight other persons. As soon as the aforesaid case was registered against the petitioner and other co -accused, Krishna Murari Dohare, Inspector Incharge of the police station who was entrusted with the investigation of the aforesaid case, swung into action and reached the place of occurrence in village Biharipur and commenced the investigation. After preparing the inquest reports of the deceased Vedpal and Vinod, he got the dead bodies of the deceased sealed and despatched the same to the District Mortuary, Baghpat for conducting post mortem. He recorded the statement of the complainant Babu Ram under Sec. 161 Cr.P.C. and at the instance of the complainant inspected the place of occurrence and prepared the site plan. The place of incident was found to be in the centre of village Biharipur which indicated that the petitioner alongwith other co -accused had committed the double murder in a densely populated area in an extremely, daring and cruel manner. As a result of the aforesaid incident public order was totally shattered in village Biharipur, Ladhwadi, Fazullapur, Faizpur Ninana and other adjacent areas. Superintendent of Police, Baghpat, Additional Superintendent of Police and C.O., Baghpat had reached the place of incident on 19.06.2015 and pursuant to the order issued by the Superintendent of Police, Baghpat Police Force, QRT, Extra Mobile and Second Mobile also reached the place of occurrence for restoring public order in village Biharipur. The aforesaid incident was widely published in several news papers on 20.06.2015 including Dainik Jagran and Amar Ujala.