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2012 DIGILAW 723 (ALL)

Sualiha v. State of U. P. and Others

2012-03-26

DHARNIDHAR JHA, RAMESH SINHA

body2012
Ramesh Sinha, J.;- We have heard both the sides in Chambers and the petitioner- Smt. Sualiha, is before us. 2. The petitioner- Smt. Sualiha seeks a direction to the Chief Judicial Magistrate, Saharanpur for recording her statement under Section 164 Cr.P.C. and for that purpose, seeks a direction to the Deputy Inspector General of Police, Allahabad for giving proper protection to the petitioner for the above purposes. What in effect, appears to us from the above is that the petitioner wants police protection for going to Saharanpur so that she may get her statement under Section 164 Cr.P.C. recorded by the Chief Judicial Magistrate, Saharanpur. 3. The case is under Sections 364-A and 506 I.P.C. vide Case Crime No. 3 of 2012 instituted by police station Mahila Thana, District Saharanpur and the allegation is that one Vivek Singh after having played a trick had called the petitioner to his office. She went to the office of Vivek Singh, but she did not return. Initially, a missing report was lodged, but subsequently a full fledged F.I.R. was got lodged by the father of the petitioner with the allegation that the above named Vivek Singh and his father had abducted the petitioner and when he contacted them, they assured him that the petitioner will return back within 24 hours. 4. We are not concerned with the stage of investigation and what materials have been collected. But in order to get the statement of the lady recorded, we have talked to the petitioner so as to find out as to whether she was in the clutches of a criminal person, because she appears an innocent lady. We also asked the lady whether she wants to talk to her parents before getting her statement recorded. The lady stated to us many facts for which she does not want to talk to her parents, because her marriage had been performed with a person who was not at all fitting in the frame of her husband. She appears quite grown up and 28 years of age as is mentioned in the affidavit, and as appears also from her appearance. During the course of our deliberations with the lady, we appreciate the stand of lady. We are not expressing any opinion on the desires of the lady. 5. She appears quite grown up and 28 years of age as is mentioned in the affidavit, and as appears also from her appearance. During the course of our deliberations with the lady, we appreciate the stand of lady. We are not expressing any opinion on the desires of the lady. 5. The prayer is to direct the Deputy Inspector General of Police, Allahabad to provide security to the lady (petitioner) for traveling up to Saharanpur for recording her statement under section 164 Cr.P.C. in Case Crime No. 3 of 2012 lodged by the Police Station Mandi in the District Saharanpur. In order to verifying the necessity of issuing the direction, we have talked to the lady and she has stated that she was apprehensive about her life being in danger both from her husband and the local police, and that is why she was seeking protection during that course. It was pointed out to us that the occasion fasten by her father upon accused Vivek Singh and his other family members were patently fake and she had never been adduced by any one or had even talked Vivek Singh. She has categorically stated to us that whole purpose of getting her statement recorded under Section 164 Cr.P.C. was to bring out the truth on the record that both are innocent persons and no injustice is done to them. 6. Section 164 Cr.P.C. empowers any Magistrate, whether he has or has not the jurisdiction in the case to record any confession or statement made to him. As may appear from the above, a statement can be recorded even by a Magistrate having no jurisdiction to try the case. 7. We have already noted the circumstances under which the lady required the police protection for appearing before the Chief Judicial Magistrate, Saharanpur. 8. It appears manifestly necessary for us to direct the Deputy Inspector General of Police, Allahabad to provide full and complete security to the lady (petitioner) whenever she approaches him with a proper written request through her counsel- Sri Vikrant Pandey, so that she could travel to Saharanpur for giving her statement either before the Chief Judicial Magistrate, Saharanpur or any other Magistrate deputed for that purpose by the Chief Judicial Magistrate, Saharanpur. We also direct the S.S.P., Saharanpur to give full protection and liberty to Smt. Sualiha ( petitioner) during her stay in Saharanpur. We also direct the S.S.P., Saharanpur to give full protection and liberty to Smt. Sualiha ( petitioner) during her stay in Saharanpur. We would like to direct the S.S.P., Saharanpur that no person shall be allowed to talk to Smt. Sualiha during her visit to Saharanpur nor any one would be allowed to go near her or access proximately to her. As soon as the statement is recorded, the petitioner shall be brought to Allahabad under police protection where she is presently residing at 172, Baghambari Housing Scheme, Allahapur, Allahabad safely and securelly. 9. We dispose of the writ petition with the above directions.