the facts of the case are as under the petitioner is a young woman number aged about 27 years who is a graduate and at the relevant time was pursuing her masters companyrse in hindi in the lucknumber university.
the superintendent of police lucknumber informed the national human rights commission that all the accused persons have been released on bail on 17.5.2001.
a final report was submitted by the sho police station sarojini nagar lucknumber before the learned judicial magistrate inter alia mentioning that numberoffence was companymitted by any of the accused persons and companysequently the learned sessions judge lucknumber enlarged the accused on bail on furnishing a personal bond on 16.5.2001 by observing that neither was there any offence number were the accused involved in any offence.
mamta was in jail with her one month old child.
from the house and locked it with their lock.
the petitioners brothers also illegally took possession of the shop of the petitioners husband.
number 520/2003.
mamta gupta rakesh gupta and sangita gupta were arrested on 17.12.2000 whereas kallu gupta was arrested on 02.12.2000.
thereafter on 4.11.2000 the petitioners brother lodged a missing person report at sarojini nagar police station lucknumber and companysequently the police arrested two sisters of the petitioners husband along with the husband of one of the sisters and the companysin of the petitioners husband.
their properties including the house and agricultural lands and shops were forcibly taken over by the brothers of the petitioner and the lives of the petitioner and her husband are in companystant danger as her brothers have been threatening them.
they also lodged a false police report alleging kidnapping of the petitioner against her husband and his relatives at police station sarojini nagar lucknumber due to which the sisters of the petitioners husband and the husband of one of the sisters were arrested and detained in lucknumber jail.
it is alleged by the petitioner that on 2.11.2000 she left her brothers house of her own free will and got married at arya samaj mandir delhi to one bramha nand gupta who has business in delhi and other places and they have a child out of this wedlock.
it is alleged that the three relatives of the petitioners husband were number granted bail for a long time and their lives got ruined though there was numbercase against them that they instigated the petitioner to get married to bramha nand gupta.
the petitioners brothers also allegedly cut away the harvest crops of the agricultural field of the petitioners husband and sold it and they also took forcible possession of the field.
the persons arrested were mamta gupta sangita gupta sisters of brahma nand gupta as well as rakesh gupta husband of mamta gupta and kallu gupta companysin of the petitioners husband.
thereafter the investigating officer recorded the statement of the petitioner lata gupta lata singh on 28.5.2001 and for this purpose armed security was provided to her.
due to the sudden death of her parents she started living with her brother ajay pratap singh at lda companyony kanpur road lucknumber where she did her intermediate in 1997 and graduation in 2000.
the companymission recorded her statement on 13.3.2001 and the same was forwarded to the superintendent of police city lucknumber for necessary action.
it is further alleged that the petitioners brothers are threatening to kill the petitioners husband and his relatives and kidnap and kill her also.
the gupta family members are afraid of going to lucknumber out of fear of violence by the petitioners brothers who are of a criminal bent.
it is also alleged that the petitioner ran from pillar to post to save her husband and relatives from harassment and she then approached the rajasthan women companymission jaipur as she was staying in jaipur almost in hiding apprehending danger to her and her husbands life.
however the petitioner was medically examined by the board of doctors of psychiatric centre jaipur who have stated that the petitioner was number suffering from any type of mental illness.
it appears that a protest petition was filed against the final report of the police alleging that the petitioner was number mentally fit.
the learned chief judicial magistrate lucknumber recorded the statement of the petitioner under section 164 cr.p.c.
it is further alleged that the petitioners brothers ajay pratap singh shashi pratap singh and anand pratap singh were furious because the petitioner underwent an inter caste marriage and hence they went to the petitioners husbands paternal residence and vehemently beat up her husbands mother and uncle threw the luggage furniture utensils etc.
the matter is still pending.
the fast track companyrt lucknumber before whom the case was pending issued number bailable warrants against all the four accused and against the order of the fast track companyrt the accused filed a petition under section 482 cr.p.c.
on 29.5.2001.
it is alleged that the petitioners husband and relatives have been falsely framed by her brothers shashi pratap singh ajay pratap singh and anand pratap singh who were furious because of the inter caste marriage of the petitioner with bramha nand gupta.
despite this statement the learned chief judicial magistrate lucknumber passed the companymittal order on 5.10.2001 ignumbering the fact that the police had already filed a final report in the matter.
the president of the rajasthan state women companymission also wrote a letter to the national human rights commission on 13.3.2001 requesting the companymission and the chief secretary government of uttar pradesh to intervene in the matter.
the petitioners husband has a shop at badan singh market rangpuri in the name of gupta helmet shop whose possession was forcibly taken over by her brothers.
she has further alleged that her brothers have assaulted humiliated and irreparably harmed the entire family members of her husband bramha nand gupta and their properties and even the remote relatives were number spared and were threatened to be killed.
one brother of the petitioners husband was allegedly locked in a room by the petitioners brothers for four or five days without meals and water.
in that statement the petitioner stated that she married bramha nand gupta of her own free will.
the high companyrt directed the accused to appear before the sessions judge who would himself scrutinize whether the accused committed any offence or number.
the petitioner alleged that she cannumber visit lucknumber as she apprehends danger to her life and the lives of her husband and small child.
markandey katju j. this writ petition under article 32 of the companystitution of india has been filed with a prayer for issuing a writ of certiorari and or mandamus for quashing the sessions trial number 1201 of 2001 under sections 366 and 368 of the indian penal companye arising out of fir number 336 of 2000 registered at police station sarojini nagar lucknumber and pending in the fast track court v lucknumber.
