Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 4898 of 2018 Petitioner :- Mohd. Sahid Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Mohd. Warish Khan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner and the learned AGA for the State.
In compliance of the order dated 23.04.2018, Court has been informed that the girl has been recovered and has been produced before this Court. At the very out set, Court noticed that there is a minor child in the lap of the girl. However, Court proceeds to examine her:-
On being asked from victim "apka naam kya hai" she informs the Court " Tabsum Khatoon @ Rani". On being asked "kay ye bachcha aap ka hai", she informed the Court "han ye mera bachcha hai". On being asked "apke pita ji ka naam kya hai" she informs the Court " Mohd. Sahid". On being further asked "apki umra kya hai" she informs the Court " meri umra 21 saal hai". On being further asked "kya apne shadi ki hai" she informs the Court " ha maine Krishna Kumkar se versh 2016 me mandir me shaadi ki hai". On being asked "kya shaddi apne apni marzi se ki hai ya kisi ke dabao me aakar" she informs the Court clearly " ki meine apni marzi se shaadi ki hain bina kisi ke dabao ke". On being asked " apke pati Krishna Kumar Court mein aaye hain" she informs the Court " nahi mere pati jail mein hain: at this stage the girl informed the court that " ke police hamein bahut pareshan kar rahi hain aur meri pati ko jail bhej diya hai and mujhse dara dhamkakar yah kahkar galat bayan karaya ki agar aisa beyan nahi dogi toh tumhe wa tumhare pati ko umar kaid ho jaigi.
The girl has made very disturbing statement against police personnel namely Sri Vijay Narayan Prasad, Ravindra Sir and K.K. Sir of police Station Rampur Karkhana, District Deoria. The girl has made categorical statement of facts before this Court that police authorities are unnecessarily harassing her, her husband and mother-in-law and her husband has been sent to jail.
In view of the facts that since the girl and child have been produced before this Court, the authorities concerned are restrained not to harass the girl, her mother-in-law and other family members.
The S.S.P. concerned is hereby directed to personally look into the matter and hold an enquiry against Sri Vijay Narayan Prasad, Ravindra Sir and K.K. Sir of police Station Rampur Karkhana, District Deoria whose names have been mentioned by the girl in her statement with regard to harassment committed on her and her family members. The S.S.P. concerned is directed to record fresh statement under Section 164 Cr. P.C. of the girl and also ensure that girl is not put to any undue pressure.
Copy of the order as well as copy of the writ petition be placed before the S.S.P. concerned from the office of Government Advocate of this Court within a week from today. S.S.P. concerned, thereafter, will take into account all the allegations as have been made by the girl in her statement. The S.S.P. concerned may also interact with the girl on her own personal level and thereafter submit report before this Court by the next date of listing.
List on 22.06.2018 before appropriate Court, peremptorily, on which date, S.S.P. Deoria will be personally present before this Court along with personal affidavit.
Sri Vijay Narayan Prasasd, who is present today before this Court will also be present before this Court on the next date of listing along with two other police personnel namely Ravindra Sir and K.K. Sir of police Station Rampur Karkhana, District Deoria, who have been named by the girl before this Court with regard to the harassment committed by them on her and her family members.
It is further made clear that till the next date of listing, girl will not be arrested in any manner whatsoever nor any family members will be arrested. Liberty is given to husband of the girl namely Krishna Kumar to seek appropriate remedy in accordance with law.
Certified copy of the statement recorded under Section 164Cr. P.C. filed today, is taken on record.
Mother-in-law of the girl is present before this Court today and she has identified Tabsum Khatoon @ Rani as her Bahu and Tabsum Khatoon @ Rani in her turn has identified this lady as her Mother- in-law.
Since the girl has expressed her desire to go with her mother-in-law she is permitted to go with her.
Order Date :- 28.5.2018
T.S.