VINOD KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This habeas corpus petition has been filed by Vinod Kumar with the prayer that respondents be directed to produce his wife Mamoni Das @ Mohani and minor child Ayush, aged 3 years, and Ansh, aged one-and-a-half year, who have been in illegal custody of respondent no.7 Haru Das and respondent no.8 Nomita Das.

(2.) Shri G.S. Fauzdar, learned counsel for petitioner, has argued that respondent no.8 Nomita Das, mother of petitioner's wife, filed a Habeas Corpus Petition No.19110/2012 before the Hon'ble High Court at Calcutta. The Hon'ble High Court at Calcutta entrusted the investigation of the matter to C.I.D., West Bengal. Investigation of the matter was thus thereupon entrusted to respondent no.6 herein Sarbari Bhattacharjee, the Inspector of Police, O.C.A.H.T.U., C.I.D., West Bengal. The respondent no.6 illegally recovered the wife and children of petitioner from petitioner's house on 21.03.2013, and produced them before the Additional Chief Judicial Magistrate, Deeg, District Bharatpur, on the same day, for their onward production before the Hon'ble High Court at Calcutta. The Additional Chief Judicial Magistrate, Deeg, on the same day, passed an order to the effect that since Smt. Mamoni Das was major and that she voluntarily wants to appear before the Hon'ble High Court at Calcutta, therefore, no specific order of production was needed to be passed.

(3.) Learned counsel argued that wife and minor children of petitioner did not come back to him as they were detained by respondents no.7 and 8, who are respectfully father and mother of petitioner's wife. Petitioner therefore submitted an application under Section 97 of the Code of Criminal Procedure before the Court of Additional Chief Judicial Magistrate, Deeg, District Bharatpur (for short, 'the ACJM'). The ACJM, Deeg, therefore, sent a letter to the Superintendent of Police, Burdwan (Kolkata) on 05.06.2013, directing him to produce them before the court of ACJM, Deeg. In reply thereto, the respondent no.6 sent a letter to the court of ACJM, Deeg, on 07.10.2013, contending that statement of Mamoni Das D/o Haru Das Roybati, was recorded under Section 164 Cr.P.C. before the court of ACJM, Burdwan, who expressed her willingness to stay with her parents. Learned counsel submitted that such statement has wrongly been recorded. Earlier when respondent no.7, father of petitioner's wife, lodged an F.I.R. No.354/2012 on 10.09.2012 for offence under Sections 363 and 366 IPC at Police Station Memari, District Burdwan, West Bengal, investigation of that matter was handed over to one Deb Kumar Biswas, Circle Inspector of Police, Sadar 'B' Circle, Burdwan. At that time, one accused Kaloo S/o Shri Abdul of Jhandepara Sikra Colony, Police Station Chapra, District Nadia, was arrested on the basis of source information as well as on the basis of statement of witnesses, and raid was conducted on petitioner's house. Mamoni Das, wife of petitioner was recovered with her child. When the wife of petitioner was produced before the Chief Judicial Magistrate, Burdwan on 21.12.2012. At that time also her statement under Section 164 Cr.P.C. was recorded by Judicial Magistrate-II at Burdwan, in which she expressed her desire to stay with petitioner. In that statement, copy of which has been produced, she stated that she was not willing to go with her father and wanted to go to her husband's house. It was stated that she was major, being 23 years of age. She was released on personal bond of Rs.1000/- and thereafter she came back to the petitioner. Her earlier statement recorded under Section 164 Cr.P.C., was thus concealed both from the Hon'ble High Court at Calcutta and also from the Court of Chief Judicial Magistrate, Burdwan, where her statement under Section 164 Cr.P.C. was again got recorded. Petitioner has also produced marriage certificate of marriage between her and petitioner Vinod Kumar, which proves that their marriage was solemnized on 07.05.2010. The direction prayed for be therefore issued.