- (1.) THE petitioners have come up with prayers to quash (i) the First Information Report dated 4th December, 2001 appending its Zerox copy alongwith typed copy as Annexure-1 drawn up on the information of own younger brother of Petitioner No. 1 named Shiv Kumar, Son of Santosh Singh, giving rise to registration of Case Crime No. 665 (wrongly stated in the prayer portion as 664 of 2001) under Sections 363, 506 and 364 IPC (ii) the police investigation in relation to the aforementioned case and (iii) to command the respondents not to interfere with their liberty to lead their marital life and take Petitioner No. 1 in custody and handover to Respondent No. 3.
(2.) THE impugned First Information Report states, inter alia, to this effect:-at about 5. 00 a. m. early morning the Informant's elder sister Babli (= Petitioner No. 1) aged 16 years and Maternal Grand- Mother went out of the Village for easing out, after some time he, too, went for easing; about 150 meters away from the Village, he saw that Badmash, after pushing away her Maternal-Grand-Mother forcibly putting her sister Babli in a Marshal Deluxe vehicle belonging to Petitioner No. 2. Om Veer Singh after tearing her cloths, where he rushed; he was threatened by Katta and Aslahon and was asked that if he will cry then he will be murdered and thus he could not cry to save her sister; Petitioner No. 2, Driver Mahipal Singh, Jagveer Singh, Karua, Ashok and two others unknown were on the vehicles, which they drove away; later-on his Tau Ashok Kumar came and was apprised of the entire facts; her sister was taken away with intention of either kidnapping or committal of rape; he has come alongwith his Tau to get his report lodged, which be registered and action taken against the aforesaid persons and his sister be traced out. The petitioners assert, inter alia, to this effect:-Petitioner No. 1 is major aged about 20 years; she has been medically examined by the Chief Medical Officer, Mainpuri who found her age 20 years, a true copy of her Medical Certificate is being filed as Annexure-2; Petitioner No. 2 is aged about 25 years, literate and has passed Intermediate; both are Hindus and Yadav by caste; being unmarried they were entitled to marry each other in view of Section 5 of the Hindu Marriage Act and in September, 2001 they married out of free consent according to Hindu rites; their marriage is valid under Section 5 of the Hindu Marriage Act; both also prepared an Ekrarnama on 14-12-2001 of their marriage which has been verified by the Notary, District Etah, a true copy of which is being filed as Annexure-3; after marriage both of them are living as husband and wife; Respondent No. 3 is brother of Petitioner No. 1, who despite the fact that even though Petitioner No. 1 had become major took no pain for her marriage due to ulterior reasons which was the precise reason for Petitioner No. 1 to marry Petitioner No. 2 out of her free will and consent; Respondent No. 3 on account of Village Partybandi did not relish her marriage and maliciously and falsely lodged the false, fabricated and absurd First Information Report on which no truthful person can place reliance and thus in view of the decision in P. S. Rajya v. State, Supreme Today, 1996 (4) 445, is liable to be quashed; Nani or the complainant himself had not received any injury, it has been falsely stated that clothes of Petitioner No. 1 were torn; there is no allegation in the First Information Report that kidnapping was done for commission of murder; the investigation has been handed-over to Respondent No. 2 Head Constable K. P. Singh, who is not authorized under paragraph 51 of the U. P. Police Regulation; the entire investigation is illegal in view of T. T. Antony v. State of Keralal, 2001 (2) JIC 818 (SC); 2001 (5) Supreme Today 313; even though Petitioner No. 2 has not committed any offence at all yet the Investigating Officer is trying to arrest him as well as Petitioner No. 1 and handover the latter to Respondent No. 3. 3. 1. This writ petition incorporates only two grounds: (A) 'because no offence is made out. ' (B) 'because fundamental rights of the petitioners are being violated. ' When this writ petition came up for admission before a Division Bench on 29th January, 2002, the following order was passed: "sri Tejpal learned Counsel for the petitioners states that before this writ petition could come up for admission, both the petitioners have been arrested by police. Petitioner No. 2 is an accused in the case in question while Smt. Babli alias Maya is said to be the girl who is alleged to have been kidnapped by Petitioner No. 2. According to the petitioner's case she is major and has married Petitioner No. 2 of her own volition. Issue notice to Respondent No. 2 with a direction to produce Petitioner No. 1 Smt. Babli alias Maya before this Court on the next date of listing. Shri Kumar Respondent No. 3 who is represented by Sri Rajeev Sharma holding brief of Sri Anoop Singh is also directed to produce Smt. Babli alias Maya before this Court in case she has been handed over to him by the Investigating Officer of this case. List on 18th February, 2002. In the meantime Respondent No. 3 may file counter-affidavit. "
(3.) THEREAFTER, on 18th February, 2002 this writ petition was placed before us. What happened before us in Court stands reflected in our order dated 18-2-2002, which reads as follows: "in terms of the Court's order dated 29-1-2002 Babli alias Maya is being produced before us. She makes statements to this effect before us:-She had married Petitioner No. 2 Om Veer Singh of her own sweet will and not under anyone's enticement or coercion; that the statements made in the writ petition to the contrary have been made by her under threat and coercion of her killing by her father Santosh Singh, her uncles Rakesh Singh and Kamlesh Singh; her father's elder brother Ashok Singh and a man who is present in Court in yellow clothes with turban on his head whose name she does not know but identifies in Court who has been visiting her house for the last about two months and doing some tantra-mantra, and her cousin Vinod Kumar son of Ashok Singh; that they also threatened her that if the Court sends her to Nari Niketan she will be got killed there also; and that they have got kept arms in lawyer's Chamber No. 19. In the larger interest of justice we direct the police authorities deputed in the Court premises to visit lawyer's Chamber No. 19 atonce to find out as to whether any arm has been kept in lawyer's Chamber No. 19 or not and if it has been kept, to lodge a FIR atonce against the persons concerned and thereafter, the police will act in accordance with law. We are required to rise at 3. 15 p. m. so as to assemble in the Full Court reference. Thus it is not possible for us to proceed with this case any further today. Having regard to the peculiar facts and circumstances, in the larger interest of justice, we direct the Registrar-General of the Court to send Petitioner No. 1 atonce to Nari Niketan where she will be given all possible protection so that no one could coerce her or make any attempt to kill her, who shall be further produced before us tomorrow at 10. 00 a. m. for hearing this case further directing the Senior Superintendent of Police, Allahabad to do the needful in this regard. We also direct the police authorities in the peculiar facts and circumstances to release Petitioner No. 2 forthwith on furnishing Bail Bonds of Rs. 5,000 with two sureties of the like amount to the satisfaction of Chief Judicial Magistrate, Hathras who has been arrested in Case Crime No. 665 of 2001 under Sections 363, 504, 506, 364 IPC, P. S. Sikandra Rau, District Hathras. The person in yellow dress and turban on his head discloses his name as Narain Das son of Sri Parmanand Resident of Village Binaura, P. S. Churkhi, District Jalaun. The other two persons present in Court disclose their names as Ashok Kumar son of Hari Mohan and Shiv Kumar son of Santosh Kumar both residents of village Sarai, P. S. Sikandra Rau, District Hathras. The aforementioned three persons identified by the Petitioner No. 1 thus prima facie had committed Contempt of this Court in giving threats to her of being killed and make incorrect statements and have apparently obstructed the administration of justice of this Court and thus we initiate proceedings under Article 215 of the Constitution of India against all of them who are also forwarded before the Registrar-General of the Court for furnishing undertakings that they will produce themselves tomorrow. This Criminal writ petition and Article 215 contempt proceedings both shall be heard further tomorrow. It is needless to clarify that this Division Bench constituting Allahabad High Court itself has plenary power under the Constitution of India to initiate proceedings in contempt under Article 215 of the Constitution of India for which no rules have been framed under the Rules of the Court and is competent to deal with such a situation suo moto. Before parting for the day we point out that Sri Udai Karan Saxena, who has entered appearance on behalf of Babli alias Maya aforementioned, sought withdrawal as the Counsel from this case but at the moment it will not be desirable to pass any order in that regard for the present. The office is directed to send a copy of this order to (i) Nari Niketan, Allahabad and (ii) Senior Superintendent of Police, Allahabad, in course of the day, for a follow up action. The office is further directed to hand over a copy of this order to Sri A. K. Verma, learned A. G. A. , in course of the day for its intimation to and follow up action by the Chief Judicial Magistrate, Hathras. " Thereafter, we had heard Mr. Tejpal, the learned Counsel for the petitioners and Sri A. K. Verma, the learned A. G. A. on 19-2-2002 and had passed the following order: "the Registrar General of the Court informs us that Hon'ble the Chief Justice is aware of the problem concerning security of the Court premises which includes the Bar Associations and has already taken some decision. Since Hon'ble the Chief Justice of this Court is the administrative head and already in seisin of the threat perception we are of the view that for the present no order on the judicial side of this Court is required to be passed. We give liberty to the Registrar General to inform Hon'ble the Chief Justice of the events which had taken place yesterday which stands recorded in our order dated 18th February, 2002 and recovery of the live cartridges and the Country made pistol as orally reported to by the Police. (2) Petitioner No. 1 Babli alias Maya has been produced before us. She wants to make some further statements. We direct her to make her statements before the Registrar General of the Court, who shall either record himself or get the same recorded by some other Registrar of the Court. Her statements will be recorded in the presence of the contemners. (3) We also direct the contemners, who are present before us to make their statements, if they so like, before the Registrar General of the Court, who shall get the statements recorded personally or through some other Registrar of the Court. (4) After recording of the statements of Petitioner No. 1, she shall be taken to Nari Niketan, Allahabad to be produced tomorrow before us once again. (5) We are being informed by the learned A. G. A. Sri A. K. Verma that Case Crime No. 25 of 2002 under Section 25 Arms Act Police Station Cantt. District Allahabad has been instituted against the contemners. He after perusal of our order dated 18-2-2002 states that apart from 25 Arms Act the persons concerned have prima facie committed offences under Sections 342, 504 and 506 IPC also. (6) Since the contemners against whom criminal prosecution has been launched are required to be produced before the C. J. M. , Allahabad or any other competent Magistrate after their statements are recorded, they shall be taken by the police to be produced before the C. J. M. , Allahabad or any other Competent Court for a follow up action but they shall be produced by the police once again tomorrow before us. (7) Put up tomorrow for further hearing this writ proceeding as well as the contempt proceeding awaiting receipt of the statements. ";