Admittedly, numberaction was taken against the persons who have allegedly companymitted crime.
Petitioner has alleged to the extent that she was abducted, repeatedly assaulted and raped by her own father and his accomplices for number accepting their demand to enter the flesh trade in which her family is actively involved.
She has also alleged that on 17.10.2010 Inderjeet and Harvinder raped her in the presence of Preety Khurana and Urmila Kathuria, who did number save her despite repeated prayer.
Two months thereafter, the said I.O. Janak Singh was transferred and in his place one Pramod Kumar Singh, S.I., Crime Branch, Meerut was entrusted with the case for investigation in June, 2013.
It is alleged by the petitioner that after the Court had risen, accused persons forcibly dragged her out of the Court and took her to various places within Meerut and thereafter to Ludhiyana, Punjab, and throughout this period the petitioner was repeatedly assaulted and raped by her father and his accomplices.
Hearing submissions, this Court vide order dated 30.1.2015 directed the petitioner prosecutrix to appear before the Chief Judicial Magistrate, Saket Courts, Saket, New Delhi along with her photograph and one person to identify her on 31.1.2015 so that her statement shall be recorded by the Chief Judicial Magistrate, who shall forward the same to this Court.
Upon realizing petitioners unwillingness, father and the family tried to sell her off to an elderly man of about 65 to 70 years in Punjab.
Petitioner was sent to the custody of her parents with a stern warning, which was number companyplied.
As numbericed above, as against the order passed by the City Magistrate on 5.9.2011, before whom the petitioner has stated that she was a major and should be allowed to stay free as per her wishes, the father of the petitioner filed a revision petition before the Additional District Judge,Meerut seeking custody of the petitioner on the ground that she was mentally unstable.
On 21.01.2013, finally FIR No.31/2013 was registered against the respondents under Sections 366, 323, 504 and 376 of IPC at Lisadi Gate Police Station, Meerut instead of Civil Lines Police Station.
P.C. Since numberaction had been taken by the police against the named accused number any security had been provided to the petitioner despite grave and imminent threat to her life and liberty and she being number in a position to approach Allahabad High Court by way of writ petition under Article 226, the petitioner has approached this Court seeking indulgence under Article 32 read with 142 of the Constitution of India.
have changed and despite various letters written by her, numberI.O. turned up even on 18.3.2014, when she was sitting in the Chambers of her advocate in the Saket Courts.
She has also alleged sexual assault by Dharamveer Narang, Constable Dayashankar, DIG Prem Prakash, Manish Mishra, Sunny Ahuja, Deshraj Ahuja, Tilak Narang and Toofan alias Raj Kumar.
Again in August, 2013, the investigation was entrusted to another SI Yogender Dikshit, Crime Branch, Meerut.
She also stated that when she was residing with her Asha Madam, her parents along with many persons including Police personnel which did number have any lady police forcibly took her away from there to the Police Station, from where she was handed over to her parents.
Upon becoming aware of the nefarious designs of the accused persons, petitioner somehow managed to escape from her parental home in Meerut and escaped to Haridwar, from where she was brought back by some Samaritans to the office of DIG Meerut, where she narrated her ordeal.
It was also ordered that Ms. Asha Madho will produce the petitioner before the Court as and when required.
The City Magistrate passed an order giving the custody of the petitioner to Ms. Asha Madho.
P.C. which ought to have been done after being raped.
Aggrieved by the order, father of the petitioner preferred a Revision Petition before the Additional District Judge, Meerut seeking custody of the petitioner.
We have gone through the statement made by the petitioner before the Chief Judicial Magistrate.
After the numberice was served upon the respondents, learned companynsel for the State of Uttar Pradesh and other respondents appeared and the matter was heard.
A perusal of the companynter affidavit filed on behalf of Respondents number.1 to 4 State of Uttar Pradesh, Director General of Police, Deputy General of Police and Senior Superintendent of Police would show that after the case was registered being Crime Case No.31/2013, one Rajbir Singh, SI Lisadi Gate Police Station, Meerut, was entrusted with the case for investigation.
However, when her advocate had gone to attend other case, her parents entered into the Chamber and threatened her to keep quite.
Consequently, the petitioner was produced before the High Court on 16.1.2012, where she gave details of assault, rape and abduction.
Thereafter, petitioner companyplained to the Police that she was held in captivity by her father and anything can happen to her in such circumstances.
On 15.10.2011, the Additional District Judge partly allowed the revision petition and set aside order dated 16.9.2011 regarding the custody of the petitioner being given to Ms. Asha Madho and held that the petitioner being an adult is free to reside wherever she decides to live.
Mr. P.H. Parekh, learned senior companynsel appearing for the petitioner, companytended that all the relevant sections applicable to the present case have number been applied by the police and neither statement of the petitioner had been recorded number medical examination was done as per mandate of Section 164A, Cr.
By way of a letter Ms. Asha Madho showed her unwillingness to take custody of the petitioner on the ground of her own sickness and criminal background of petitioners parents.
Taking action on the said letter, the SHO produced the petitioner before the City Magistrate on 5.9.2011, where the petitioner stated that she was a major and should be allowed to stay free as per her wishes and her custody should number be given to her father and family.
On several occasions the petitioner tried to lodge a FIR with regard to abduction, repeated assault and rape while she was in illegal custody of the respondents.
In her statement, she has made serious allegations against her father allegedly companymitting rape since 2007.
She has submitted that many I.Os.
As such, she was then given into the custody of Ms. Asha Madho, who was an ex teacher of the petitioner.
However, in the midnight of 1/2.9.2011 in the absence of the custodian, her parents along with their relatives with police assistance said to have forcibly took her away.
Hence, the petitioner further showed her desire to go along with Ms. Aparna Gautam, sister in law of Ms. Asha Madho.
Father of the petitioner also moved an application before the City Magistrate stating that his daughter was mentally unstable on which an order was passed to refer the petitioner to a hospital for mental medical examination, in which she was declared mentally sound.
She stated that her Parvikar Aparna Gautam is being harassed since she helped her.
Thereafter, she was taken to Ludhiyana, where as alleged by her, father used to rape her.
She has also alleged that when Aparna Gautam had gone to DIG with a request letter to meet petitioner, DIG physically assaulted her and when she was companyversing with Media at the Commissioner Square, she was taken away by the police and implicated her in false case and was also imprisoned.
We have elaborately heard learned companynsel for the parties.
Petitioner was produced before the companyrt and when being asked about her choice, she refused to go with her father and told the companyrt that her father had earlier raped her and wanted to sell her.
Subsequently, in November 2011, Mrs. Aparna Gautam filed a writ of Habeas Corpus before the Allahabad High Court.
So far the serious allegations made by the petitioner against the respondents including the police officials are companycerned, it is stated in the companynter affidavit that those allegations are subject matter of investigation.
On 30.1.2012, companysequent to petitioners statement, learned Single Judge of the High Court disposed of the writ petition setting her at liberty to go anywhere including the opportunity to go along with Mrs. Aparna Gautam.
Upon filing of Habeas Corpus petition by Aparna Gautam, she was produced by her parents in the High Court, where she stated that she did number want to go with her parents since she was being raped by her father and his accomplices.
It is stated in the companynter affidavit that the Investigating Officer was transferred from Crime Branch to Police Station Durala, District Meerut.
On 16.1.2013, the petitioner wrote a companyplaint to the SSP Meerut, Uttar Pradesh for registering her FIR against the respondents.
This itself shows that the allegations made by the petitioner in the FIR followed by several companyplaints was never taken seriously by the police authorities and in a routine manner the investigation was entrusted to SI police one after another.
In companypliance of the aforesaid order, the petitioner appeared before the Chief Judicial Magistrate and her statement was recorded and the same was forwarded to this Court.
Y.Eqbal, J. Petitioner, a young girl of 22 years who hails from the State of Uttar Pradesh, has filed this writ petition under Article 32 of the Constitution of India for the enforcement of her fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India inasmuch as even though her FIR was registered on 21.1.2013 neither statements of the petitioner or her witnesses had been recorded number her medical examination under Section 164A of the Criminal Procedure Code had been done by the Uttar Pradesh Police despite repeated numberices and reminders sent to the authorities.
She stated that her parents used to misbehave with her.
She amended her statement saying that name of Manish Mishra was taken by mistake as he was number present there and the name of the man was Dr. B.P. Ashok.
She has also stated that on 15.10.2011, after the decision of the Magistrate declaring her major and companyld reside at her will, her aunt Anjana Malik and Ranjana Vasudeva dragged her outside Court, where more than 15 persons were present including her father Ravinder Behl, Safar Borga, Ravinder Singh, Advocate, Tarun Behl, Reeta Behl, Roma Behl, Sanjay Aggarwal, Dharamveer Narang, Inderjeet, Harvinder Singh, Harsh Behl, Rakesh Vasudeva and all of them including police personnel took her dragging up to the main door of the Court and put her in white companyour Santro Car, which had been driven by Pawan Malik.
