Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14040 of 2018 Petitioner :- Mukesh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devi Dayal,Raj Kumar Vaishya Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners and Sri R.K. Maurya appearing for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 0329 of 2018, under Sections 366 I.P.C., Police Station- Fatehpur Sikri, District Agra.
The contention of learned counsel for the petitioners is that both the victims namely 'Suman and Pinki' have filed a joint affidavit in support of the writ petition raising serious issues about their own safety and liberty and the perusal of the writ petition shows that they are probably victims of sexual molestation at the hands of their own father.
Learned counsel for the petitioners has placed much reliance with regard to the aforesaid contention on the averments made in paragraph 6, 7 and 8 of the affidavit. The Court has been further informed that in spite of the fact that both the girls have sent repeated message to the SSP and they have also filed an application under Section 156(3) Cr.P.C., but they could not get any relief whatsoever.
Keeping in view the contention as has been made at the Bar of this Court are looking to the fact that both the girls are present before the Court, the Court deems it fit to examine the girls with the consent of learned counsel for the petitioners.
On being asked from both the girls"aapka naam kya hai" one of them informs "Suman" and other one informs "Pinki". On being asked from the elder sister as to why have you left the house of parents, they have made a statement before this Court which is very disturbing statement and which can be summarized herein as under;
"mere papa raat ko wine pee kar aate hai aur hum dono ke sath galat harkat karte hai aur galat jagaho par hath dalte hai, mera bhai bhi makkar hai aur police kai bar uske chakkar mein ghar par aa chuki hai, is liye majuburi mein yeh kadam uthana pada".
At this stage Court does not deem it fit to proceed any further with the statement of the girls as it might have serious ramification on the cases, however, in view of the facts and circumstances the Court deems it fit to dispose the writ petition at this stage itself with the following directions;
(a) The petitioners are permitted and given liberty to approach the SSP, Agra either personally or through an advocate along with a certified copy of this order a copy of the writ petition within a period of one month from today itself.
(b) The SSP, Agra on being so contacted will look into the allegation as has been made in the writ petition itself and will also ensure that the statement of both the girls are recorded under protection 164 Cr.P.C. by the appropriate authority.
(c) if, thereafter the SSP finds that the allegations as has been made against the father and brother are correct and that some action is required he may look into the possibility of lodging FIR against father and brother under the appropriate provisions of the IPC.
(d) The SSP Agra is also given liberty that he may constitute a team of some women police officials who may conduct a preliminary enquiry after interacting with the girls to find out the veracity of the statements as has been made by the girls before this Court and which show commission of the cognizable offence. The scope of the enquiry may be fixed by the SSP Agra himself.
(e) SSP, Agra is directed to act in accordance with the spirit of this order and will take appropriate action at the earliest against persons who are required to be dealt with strictly in accordance with law.
(f) For a period of three months from today or till the submission of police report under Section 173(2) Cr.P.C. the arrest of petitioner no. 1 in pursuance of the impugned FIR shall remain stayed.
Let a copy of the order be forwarded to the SSP concerned through the Registrar General of this Court by way of abundant caution.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.5.2018 Ujjawal