- (1.) HEARD Sri A.B.L. Gaur, Senior Advocate assisted by Sri Saurabh Gaur, learned counsel for the petitioners, Sri Neeraj Kanta Verma, learned A.G.A. for the State of U.P. and Sri Rupak Chaubey, learned counsel for respondent no. 4.
(2.) THIS petition has been preferred by the petitioner Mukesh Prasad Singh the following prayers: (I)issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 30.10.2014 lodged as Case Crime No. 444 of 2014, under sections 323, 504, 506, 427, 452, 392, 307, 376, 326, 120 -B, 354 -B, 366 -A and 372 IPC, Police Station Lanka, District Varanasi. (II)Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned First information report dated 30.10.2014 lodged as Case Crime No. 444 of 2014, under sections 323, 504, 506, 427, 452, 392, 307, 376, 326, 120 -B, 354 -B, 366 -A and 372 IPC, Police Station Lanka, District Varanasi. (III)Issue any suitable writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (IV)Award the cost of the petition in favour of the petitioners.
(3.) THE impugned FIR has been lodged by respondent No. 4 Smt. Laxmi Singh wife of Mukesh Prasad Singh @ Mauni Baba on 30.10.2014 at 10.30 P.M. in case crime No. 444 of 2014 under sections 323, 504, 506, 427, 452, 392, 307, 376, 326, 120 -B, 354 -B, 366 -A, 372 IPC, P.S. Lanka, District Varanasi against Sri Mukesh Prasad Singh @ Mauni Baba, Sri Mayank Gandhi, Sri Sanjay Parmar, Smt. Alka Sharma wife of Sri Anil Sharma, Smt. Annu Randhava wife of Sri Sandeep Randhava and two -three unknown miscreants. The impugned FIR has been lodged in pursuance of the order passed by learned Magistrate concerned under section 156(3) Cr.P.C. The facts in brief of the impugned FIR are that Smt. Laxmi Singh, respondent No. 4 who is the first informant of this case was brought by the accused Mukesh Prasad Singh @ Mauni Baba from her home town Mathura to Varanasi when she was aged about 14 years and forcibly developed his physical relationship with her by extending the threat, its FIR was lodged by her mother Smt. Shivdei against the accused Mukesh Prasad Singh @ Mauni Baba and his disciple Bachchoo Singh on 26.07.2003 in case crime No. 135 of 2003, under sections 363, 366 IPC in which the process under section 82/83 Cr.P.C. was issued against them from the court of learned IV Addl. C.J.M. Mathura. The first informant under the threat of accused Mukesh Prasad Singh @ Mauni Baba was sent to Delhi, Mumbai, Gurgaon and other places along with his disciples, her physical exploitation was done, on protest she was badly beaten consequently when she was juvenile became poignant and gave birth two sons on 26.2.2005 and 26.03.2007. The first informant was tolerating cruelty committed by Mukesh Prasad Singh @ Mauni Baba she was sexually exploited by him and by his disciples. On protest the threat of life of her sons were extended, consequently on 25.1.2014 she was badly beaten, her clothes were put of from her body, attempt was made to commit her murder by way of throttling, but Seema Madam came there, who shouted to save her life, on her shouting the inmates of the towers gathered at the place of the incident who brought her in a bleeding condition to the police station, Lanka where the accused Mukesh Prasad Singh @ Mauni Baba extended the threat of her life and life of her sons by giving the reference of his high profile relationship. Consequently the first informant did not proceed further against him due to life of her sons. Thereafter the first informant was again subjected to cruelty, sexually exploited and she was sent by Mukesh Prasad Singh @ Mauni Baba in the company of unknown persons to the residence of disciple accused Mayank Gandhi where she was regularly sexually assaulted. On 25.3.2014 she returned from Mumbai to her flat No. A -44, Varanasi where the accused Mayank Gandhi, Sanjay Parmar, Smt. Alka Sharma and Smt. Annu Randhava were present, she was again badly beaten and sexually exploited at the instance of accused Alka Sharma and Annu Randhava when she was made the protest a poisonous substances through meal was administered on 26.03.2014 at about 11.00 P.M. with intention to commit her murder, consequently she became unconscious and froth (Jhaag) was coming out from her mouth. Under the fear the accused persons called a doctor and medical aid was provided and the case of food poisoning was concocted, but the accused Mayank Gandhi fled away in the same night. Any how the first informant made a contact with her parents, her father Jagdish Chaudhary came to meet her at the flat where accused Mukesh Prasad Singh @ Mauni Baba, Sanjay Parmar and two -3 unknown miscreants were also present. They did the marpeet with the father of the first informant and he was illegally detained. The father of the first informant given the information to the police station of P.S. Lanka on 12.07.2014, its information was given to the police station of Mathure also, thereafter the accused Mukesh Prasad Singh @ Mauni Baba was apprehended by the police station of Mathura but by exercising his high profile contact and the money he successfully escaped on 27.7.2014 at about 2.00 P.M. The accused Mukesh Prasad Singh @ Mauni Baba, Sanjay Parmar and two -three unknown miscreants under intoxication came to the flat of the first informant, she was abused and beaten by belt, kicks and fists blows, she was dragged by holding the heirs and all the documents of the first informant including the cheque books, mark sheets, certificates, Rs. 50,000/ - and a golden chain were robbed from almirah by broking its lock and threat was extended that in case any action was taken the sons of the first informant would be killed. The first informant went to the police station to lodge the FIR but her FIR was not registered then she sent a written report to S.S.P. Varanasi through the registered post on 5.09.2014 even then no FIR was registered against the accused persons only because they were powerful and influential persons, ultimately the first informant moved an application under section 156(3) Cr.P.C. in the court of learned Magistrate concerned for lodging the FIR and investigating the same.;