SARITA MALHOTRA & ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioners have challenged the order dated 21.7.2003, rejecting the prayer for discharge, passed by the Railway Judicial Magistrate, Ranchi of the petitioners and also the judgment of the learned Judicial Commissioner, Ranci dismissing the Criminal Revision filed against the order of the Railway Judicial Magistrate refusing to discharge.

(3.) The facts in short are that Ranchi Rail Police registered a First Information Report for the offences under Sections 374, 420/34 of the Indian Penal Code against the petitioners on 28.2.2003 wherein it was alleged that on 28.2.2003 at about 13.15 hours, when the informant was on his duty at Platform No. 1 at Ranchi Railway station he received a secret information that one lady wearing yellow "Saari" was taking away five girls with her to Delhi,for the purpose of forced labour and physical trade. On receipt of such information, it is alleged that he met with one boy namely, Anem Mundu (petitioner No. 2) and one girl who was speaking in the language of Delhi (petitioner No.3). On interrogation the girl disclosed that she was working at Delhi since before. In the meantime 4-5 girls and one widow came there and told the informant that all the three petitioners were taking them to Delhi. Those four girls and one widow were named as (i) Pima Mundu, (ii) Chandu Mundu, (iii) Nagin Mundu. (iv) Sobutla Mundu and (v) Shanti Mundu. According to the informant those five ladies disclosed that these three petitioners were taking them to Delhi for providing them jobs.