Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14575 of 2018 Petitioner :- Naveen @ Chhotu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajeev Kumar Counsel for Respondent :- G.A.,Rajesh Kumar Kanojia
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Sri Rajesh Kumar Kanojia, Advocate has put in appearance on behalf of the respondent no.4 and not on behalf of respondent no.5- Alka, who is the wife of sole petitioner.
Contention of the learned counsel for the petitioner is to the following effect that respondent no.5 had solemnized marriage with the petitioner and the marriage is also registered, certificate has been annexed as Annexure-2 to the writ petition.
It has been further contended that after the marriage has been registered, the petitioner and the respondent no.5 were living happily as husband and wife and in furtherance of the investigation, the police authorities of the concerned police station had asked the petitioner to produce the wife-Alka for recording her statement under Section 164 Cr. P.C. It has been informed that petitioner had taken the respondent no.5 on 14.05.2018 for the purposes of recording of statement under Section 164 Cr. P.C. and thereafter, police had handed over the girl to her parents and since then the girl is not with the petitioner and she is living with her parents.
Learned counsel for the respondent no.4 has also informed the Court that girl is living with her parents and her statement has been recorded under Section 164 Cr. P.C. on 18.05.2018, photo copy of the statement recorded under Section 164 Cr. P.C. has been produced before this Court, same is taken on record.
At this stage, learned counsel for the petitioner submitted that on 19.05.2018 / 20.05.2018 i.e. after the statement has been recorded, the victim/wife of the petitioner (Respondent no.5) made a call from Mob No. 9045849978 to the petitioner on his Mob No. 9359390358 on 20.05.2018 and told him that she is being pressurized for making wrong statement and she also told that her life and liberty is also in danger thereafter the petitioner sent an application to the President, Human Right Commission, New Delhi, S.S.P. Meerut and Station Officer, Police Station Kankarkheda, District Meerut on 22.05.2018 informing about the said critical situation and praying therein to secure the life of the victim/wife of the petitioner, copy of which has been filed as Annexure-3 to the writ petition. Contention of the learned counsel for the petitioner is that statement under Section 164 Cr. P/C. has been recorded under the pressure or coercion by the police authority.
In view of the peculiar facts and circumstances of the case, we direct the respondent no.4 to produce the girl Alka- respondent no.5 before this Court on the next date of listing. It is admitted position that girl-respondent no.5 is at present residing with her parents. In case girl is not produced on the next date of listing, the court would be left with no option but to take coercive measures to ensure the presence of the girl.
Learned A.G.A. may seek instructions from respondent nos. 1,2 and 3 and if so desires, he may file counter affidavit. Pankaj- respondent no.4 brother of the girl shall also be present before this Court on the next date of listing.
List on 05.07.2018 peremptorily.
Till further orders of this Court, it is directed that the petitioner shall not be arrested pursuant to the impugned FIR registered as Case Crime No. 491 of 2018, u/s 366 IPC, police station Kankarkheda, District Meerut.
Order Date :- 31.5.2018 T.S.