GUMAN MAL LODHA, J. - (1.) 'tears of widow', Savitri Devi, the mother; "cheers of daughter", Meera; a prayer for anticipatory bail by the 'lover cum alleged husband' Krishna accused, in a criminal case of abduction launched by the mother-complainant, provided pathetic and not romantic scene in this court, which was packed with visitor and spectators to watch the demeanour of the girl Meera and hear her statement for making the option between the mother on the one side and the alleged abductor pro claming to be lover and husband on the other side. Meera's blank blunt refusal even to talk to mother Savitri Devi, inspite of the court's desire marked the climax of the impact of the alleged 'love, romance' or coercion, that seemingly exhibited the victory of sex emotional surcharged mind of Meera and defeat of maternal pious emotional tearful appeal of God cursed widow mother.
(2.) AN important revelation of the case is that the alleged marriage has not been registered under the Special Marriage Act or other law, but someone in Arya Samaj Adarsh Nagar, Jaipur has issued a certificate as if he has commercialised the great reformist movement of the great Maharshi Dayanand by running a "marriage Beurau' for providing evidence in cases of disputed marriages and alleged abductions. I have been constrained to make this observation because in a good number of abduction cases, the defence of marriage is pleaded by production of certificates of solemnisation of marriages on exactly the above pattern. With the above preface, let me now mention the facts of the case. This application has been filed under Section 438 Code of Criminal Procedure, 1973 (hereinafter 'cr. P. C), by Krishna Swaroop Mathur, applicant, who is required in criminal case (F. I. R. No. 131/81), dated the 27th March 1981, Police Station Kotwali, Alwar, for investigation of offence under Section 363/366 I. P. C. One Shrimati Savitri Devi, widow of Narendra Kumar Somvanshi, resident of Suganbai ki Dharamshala, Alwar, filed a written complaint, dated the 27th March, 1981 in Police Station Kotwali, Alwar. According to the complaint, the applicant Krishna Swaroop is living in the house infront of the house of the complainant. The shop and the Godown of Omkar Swaroop, father of the applicant Krishna Swaroop were mortgaged in favour of the son of the complainant-mother. According to the decree of the court, the payment was to be made by January, 1981 and that having not been done, the mortgaged property was put to auction on 23rd March, 1981 Applicant, Krishna Swaroop Mathur who is son of Omkar Swaroop, against whom a decree has been passed and who is employee in the Jail Department threatened the complainant in Sabzi Mandi of Alwar that either she should decide about the shop and godown, otherwise she will have to face grave consequences. On March 23, 1981, Meera aged 16-17 years, daughter of the complainant left her house at about 12. 00 in the noon, saying that she was going to Arya Kanya School, Alwar for obtaining Roll number of Matric examinations. The complainant went to the hospital for making any inquiry about the health of her maternal uncle's daughter. When she returned at 3 00 p. m. , observed that her daughter was missing. Even after making inquiries, she could not be traced. A friend of her daughter Meera, Hitesh, who is daughter of Alka Hotel's Proprietor, was then approached, where the cycle of the girl was found. On an inquiry as to what happened to Meera, friend's mother replied that she came there for about sometime but it is not known, where she had gone.
(3.) THE whole night of 23rd March, 1981 was spent in searching the girl Meera. It was revealed that Krishna Swaroop, [applicant, s/o Omkar Swaroop, was also missing from his house on that day. THE complainant and her son continued their search at Delhi also. Ultimately, on inquiry from Krishna Swaroop's bouse, Reghunandan Swaroop, brother of Onkar Swaroop Mathur told the complainant that by this time, the girl might have married. Babulal, Driver of Car No. RSK 160, gave out to brother of the complainant that on 23rd March, 1981 boy living in front of house of the complainant and one more boy have gone to Jaipur in his car, and they left the car at Chhoti Chopar. THE Driver also told the mother that Krishna Swaroop has taken the girl by threats. On this, the investigation started under Section 363 I. P. C. The petitioner, Krishna Swaroop applied for anticipatory bail under Section 438, Cr. P. C. , and the same has been rejected by the learned Sessions Judge, Alwar on April 7, 1981. This Court, on April 30, 1981, passed an order which reads as under:-"heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for complainant, mother of the girl. Learned Public Prosecutor wants to call for the case diary for which he prays for a short time. Time is allowed. Learned counsel for the petitioner makes a request that he will produce the girl in court in order to find her wishes. Learned counsel for the petitioner submits that he would produce the girl on Monday, 4th May, 1981. Learned counsel for the petitioner submits that he has apprehension that in case girl will be produced in court the complainant party may cause trouble and may put hindrance in producing the girl in court. In the aforesaid circumstances, it is directed that the police or the complainant party shall not put any hindrance in producing the girl in court on 4. 5. 81. In the meantime, it is also directed that the police shall not arrest the petitioner. Put up on 4. 5. 81. In the meantime, the learned public prosecutor may also call for the case diary. " ;