- (1.) THE petitioners have come up with a prayer to quash the First Information Report dated 24-1-2002 giving rise to registration of Case Crime No. 53 of 2002, P.S. Kotwali Mau, District Mau, under Sections 363/366/506 IPC (as contained in Annexure 1) by granting a writ of certiorari. Their second prayer is to command the Police not to arrest them in relation to Criminal Case aforementioned. Their last prayer is to issue any other writ order or direction of suitable nature which may be deemed fit and proper.
(2.) A perusal of the impugned First Information Report shows, inter alia that Respondent No. 3 herein Jafrul Hasan lodged a written report on 24-1-2002 to the effect that her daughter Kumari Rumi Parveen, who is a student of IInd year B.A. of Degree College Talimuddin Niswa, Mau in the morning of 10th January, 2002 had gone out for her studies alongwith her friends Nasreen and Pinki but she did not returned back to home after closure of the school and then an enquiry was made on which it transpired that while returning from the School, Petitioner No. 1 herein Shamsher Alam alias Sheru son of Ziyaul Hasan, Ansar Ahmad son of Hafiz, Ikramul Son of Mohd. Mustafa alias Lali all residents of Mohalla Pathan Tola and petitioner No. 2 herein Mohd. Shahid son of Mushtaq Ahmad resident of Bans Ki Masjid had enticed and kidnapped her away on a Tata Sumo vehicle ; that in the act of kidnapping of his daughter, Ikramul and Mohd. Shahid had also associated and thus the request for registration of a First Information Report and taking steps for safe recovery of his daughter. The petitioners assert, inter alia, that the entire case set up is absolutely false and concocted ; as a matter of fact Rumi Parveen, who was born on 7-7-1980 meaning thereby is 22 years of age, was major who of her own accord and free will without any pressure or threat married petitioner No. 1 under Muslims rites and customs a true copy of their Nikahnama dated 14-1-2002 is appended as Annexure 2; after the marriage, the couple came up to Mau ; Respondent No. 3, after having come to know of the Nikah felt annoyed as it was solemnized against his wishes ; on account of intervention of some respectable persons and relatives of the petitioners, the matter was pacified and Respondent No. 3 accepted her marriage ; however on 24th January, 2002, Respondent No. 3 at the behest of the persons, who are inimical to the petitioners approached the police ; no offence has been made out by the petitioners, who are illegally tried to be arrested by the police without collecting any evidence and thus the petitioners are seriously prejudiced. The affidavit attached with this writ petition has been sworn by Rumi Parveen.
(3.) ON 18-2-2002 we had passed the following order: “The main thrust of the submissions made by Mr. N.I. Jafri, learned Counsel appearing on behalf of the petitioners who have come up with a prayer to quash the impugned First Information Report are that the entire allegations therein are concocted for the reason that Miss Rumi Parvin, Daughter of the informant (Jafrul Hasan) Respondent No. 3 on the face of it was a Graduate student and adult who of her own will had married petitioner No. 1 Shamsher Alam alias Sheru in support of which he produces Miss Rumi Parvin before us. In the larger interest of justice, we interrogated her who claimed that she is Miss Rumi Parvin Daughter of Jafrul Hasan ; that she is a student of BA ; that her date of birth as mentioned in her School Certificate is 7th July, 1980 which, however, is at her father's residence ; and that she of her own will had married petitioner No. 1. In the backdrop aforementioned, we issue notice by Regd. Post and Ordinary mode to Respondent No. 3 to show cause why this writ petition be not allowed making the Rule returnable on 2nd April, 2002. Necessary requisites etc. to be filed within two weeks from today. Liberty is granted to Respondent Nos. 1 and 2 who are represented by Sri A.K. Dwivedi, learned Additional Government Advocate, to file Counter in the meantime. We, in the interest of justice, direct Miss. Rumi Parvin to appear in the Court of the Chief Judicial Magistrate, Mau and make her statements before him, which after its recording shall be transmitted to this Court while retaining a copy of the same by the Chief Judicial Magistrate, Mau. Adverting to the prayer for grant of stay, in the facts and circumstances mentioned above as also in the writ petition, we restrain the Police from coercing the petitioners pursuant to the impugned First Information Report dated 24th January, 2002 giving rise to registration of Case Crime No. 53 of 2002, under Sections 363, 366 and 506 IPC, P.S. Kotwali (Mau), District Mau till further orders to the contrary. The office is directed to hand-over a copy of this order, if possible by tomorrow to Sri A.K. Dwivedi, learned Additional Government Advocate, for its intimation to and follow up action by the Police. Sd/- Binod Kumar Roy, J. Sd/- R.C. Deepak, J.” ;