Vinod Prasad, J. - (1.) This Habeas Corpus Petition is a sordid saga of a young girl who was not only illegally detained for five days inside a police station but was mass raped also by those who are the protectors of law. This petition also indicates how an unscrupulous litigant can make use of the most solemn constitutional powers of this Court under Article 226 of The Constitution Of India for his ulterior and illegal motives.
(2.) Heard Sri S.F.A. Naqvi, learned Counsel for the two applicants Digvijai Singh and Devendra Kumar Misra on their impleadment applications and also on their applications for recalling the order dated 1.12.2004/2.12.2004 passed by Hon'ble I.M. Quddusi J. delivered by Hon'ble Amar Saran J. under Chapter VII Rule 1 Sub-rule 3 of High Court Rules under the orders of the Hon'ble The Chief Justice. Before coming to the said prayers made by the two applicants a resume of facts are listed below.
(3.) Smt. Radhika @ Lalli Misra wife of Ashok Kumar Misra resident of Bakshi Kurd Police Station Daraganj, Allahabad lodged a FIR on 5.6.1997 at 3.10 PM at police station Daraganj District Allahabad under Sections 363, 366 IPC, against Shitla Prasad Gupta, Ashish Kumar Gupta, Vinay Kumar Gupta, Pawan Kumar Gupta, Shiv Kumar Gupta, Anil Kumar Gupta, Balu Chatterji, Rohini Devi, Adya Prasad Shukla, Sudhir Kumar @ Anna and his mother regarding kidnapping of her daughter Sarita Misra @ Laxmi on 22.4.1997 at 7 PM which kidnapping took place on 22.4.97 at 7 PM. Her FIR was registered as crime number 345 of 97 for the aforesaid offences. It transpires from the record that the said victim Sarita was arrested by the police along with one Sudhir Kumar on 31.5.97 from civil lines bus station Allahabad and was medically examined on 2.6.97. In her medical report no injury was found and her medical age was determined to be 19 years. The pathology report of Sarita Misra showed absence of any spermatozoa in her slid. During the investigation the statement of Sarita Misra was recorded under Section 164 Cr.P.C. by ACJM IV Allahabad on 3.7.97 which was verified and signed by her. In her said statement she has stated that she knew Sudhir Kumar Gupta and his family members as they used to visit her house. Sudhir Kumar Gupta was behind her and wanted to marry her and for that purpose he used to threaten her. On 8.4.97 when her mother had gone to her parents house along with her son, (brother of Sarita Misra) and Sarita and her elder sister were alone in their house that the named accused persons in the FIR kidnapped her and then her court marriage was performed with Sudhir Gupta forcibly. Sudhir Kumar Gupta detained her at Jabalpur in the house of his parents for two months during which he bet her also. The said Sudhir Gupta also hired a assassin to get her annihilated but he said that she is the daughter of a Pandit and to murder her will be a curse. There after Sudhir Kumar Gupta brought her to Allahabad Sudhir Kumar Gupta used to rape her in Jabalpur against her wishes. Both of them were trying to go to Benaras from Allahabad but they could not get the bus and while on their way to railway station they were apprehended by the police. She told her woes to the police who got her medically examined. She also stated that she is a student of class 10th and her age is 15-16 years. She stated she does not want to live with Sudhir Kumar Gupta and wanted to go back to her mother and sister. It transpires from the pleading that Sudhir Kumar Gupta had also filed an application on 5.6.97 before Senior Superintendent Of Police Allahabad alleging therein that he was a resident of Bakshi Khurd Daraganj, Allahabad and that he had married with aforesaid Sarita Misra @ Laxmi. The police of Police Station Daraganj had arrested hzim and his wife Sarita @ Laxmi on 31.5.97 and had detained them at the police station till 5.6.97 when they were produced in the court of ACJM 3rd Allahabad who refused to pass any order on the ground that the girl was a major and since she had married she is entitled to go any where. After the said order was passed when they came out of the court room at 3.35 PM, Lalli Devi @ Radhika Devi(Respondent No. 2), mother of Sarita Misra, her brother Vikas Kumar @ Vicky (Respondent No. 3), sister Salu @ Pushpa, and Rajesh Rai along with 3-4 other persons assaulted them and took away his wife threatening to murder both of them. The life of his wife Sarita was in danger and therefore she should be given in his custody. When nothing was done by the police then he (Sudhir Kumar Gupta) filed the present Habeas Corpus Writ Petition in this Court on 7.8.97 on behalf of his wife Sarita @ Laxmi for getting her released from her illegal detention by respondents No. 2 Smt. Radhika Devi, her mother, and respondents No. 3 Vikas Kumar Misra @ Vicky, her brother. He prayed for the following relieves in this Habeas corpus Petition: "(i) To issue a writ order or direction in the nature of Habeas corpus directing the respondents to release the petitioner No. 1 from the custody of respondents No. 2 and 3. (ii) To issue a writ order or direction to the respondents to produce the petitioner No. 1 before this Hon'ble court for her statement and release in pursuance of her will and consent. (iii). (iv) .";