Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : In Sheelu Nishad Case, The Victim Ordered To Be Released Forthwith From Jail Attended With Direction To Provide Security To The Victim And Her Family.
JUDGEMENT TITLE : In The Matter Of Sheelu Nishad, A Rape Victim Lodged In Jail Vs. State Of U.P. On 01/15/2011 By Allahabad High Court
CASE NO : CRIMINAL MISC. WRIT PETITION NO. 974 OF 2011
CORAM : Hon'ble Imtiyaz Murtaza,J. And Hon'ble S.C. Agarwal,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. - 974 Of 2011

Petitioner :- In The Matter Of Sheelu Nishad, A Rape Victim Lodged In Jail
Respondent :- State Of U.P.
Petitioner Counsel :- *
Respondent Counsel :- A. G. A.

Hon'ble Imtiyaz Murtaza,J.
Hon'ble S.C. Agarwal,J.
In The Matter Of Case Of Sheelu Nishad Of Banda District, A Rape Victim, The Reports Are Pouring From Various Newspapers And TV Channels About CB CID Submitting A Report After Preliminary Investigation In Which It Has Ex Facie Nailed The BSP MLA For Alleged Commission Of Offence Of Rape With The Victim And His Consequent Arrest. From The Reports, It Also Transpires That The Victim Was Framed Up In A Theft Case Of A Mobile And Rs 5000/- From The Residence Of The Accused MLA Allegedly In Connivance Of The Local Police. It Has Also Noticeable From Various Reports That The Local Police Initially Investigated The Case Which Culminated In Giving Clean Chit To The Alleged Charge Of Rape By The MLA And Instead, Proceeded On The Basis Of Theft Report Lodged By The Son Of The Accused MLA. Subsequently, The Government Entrusted The Case For Investigation To The CBCID And As Stated Supra It Submitted Its Preliminary Report In Which It Was Found That The Girl Was Raped At The Residence Of The Aforesaid MLA .

Be That As It May, There Is A Report Appearing In Hindustan Times (dated 15 Jan 2011 Hindustan Times), The Quintessence Of Which Is That Sheelu The Rape Victim May Have To Spend A Few More Days In Banda District Jail. It Is Further Reported That The DIG Chitrakoot S.K Mathur Said That Since The Probe Of The Case Was Handed Over To CB CID By The State Government, The District Police Had No Role As Such. It Is Further Reported That Senior Lawyer I.B Singh Said That Sheelu Was Sent To Jail On Theft Charge And Could Be Released Only Through The Court. The Report Further Goes That The Victim Was Presented Before Civil Judge (J.D) Ravi Kumar Gupta In Theft Charge Case And The Said Judge Fixed Jan 17 As The Next Date Of Hearing.

It May Be Noted That On Instructions Of One Of Us (Hon Imtiyaz Murtaza J) To Seek Orders For Constitution Of Bench In The Aforesaid Matter, The Office Had Submitted A Note To Hon Senior Judge Incharge And On That Basis, Hon Senior Judge Passed The Order Forming The Bench Consisting Of Us For Taking Suo Motu Action In The Matter.

Sri N.K.Verma, Learned AGA Appeared And He Was Directed To Seek Instructions In The Matter. Learned AGA After Obtaining Instructions Intimated That The Occurrence Of Theft Is Alleged To Have Taken Place From The Residence Of Aforesaid MLA At 3 Am On 12/13.12.2010 According To The Report Lodged By One Mayank Dwivedi Son Of Purshottam Dwivedi MLA, The Aforesaid Sheelu Made Away With A Mobile And Rs. 5000/. The Report Of The Occurrence Was Lodged On 14.12.2010 At 9 30 Am At Case Crime No 379 Of 2010 Under Section 381/411 IPC PS Atarrah District Banda.

Again We Feel Called To Take Notice Of The Report Appearing In The Newspaper Referred To Above, According To Which The Accused MLA Has Threatened With Dire Consequences. The Words Uttered Are Quoted In The Newspapers And Its Translation Has Also Appeared. The Translation Is That "Revenge Will Be Taken On Parties, Which Have Got Him Framed In The Fake Case". The M.L.A And Victim Are Reportedly Lodged In The Same Jail.

In This View Of The Matter, It Is Directed That The Superintendent Of Police Banda Shall Provide Adequate Security To The Victim And The Family Members. Deputy Inspector General Of Police, Chitrakoot And The Superintendent Of Police Banda Shall Ensure That The Orders Of This Court Are Complied In Letter And Spirit.

Having Considered The Matter On Various Reports Appearing In The News Paper, We Are Of The View That In The Interim, The Victim Girl Be Ordered To Be Released Forthwith From Jail Unconditionally Who Is Detained In Case Crime No 379 Of 2010 Under Section 381/411 IPC PS Atarrah Distt Banda. It Is Further Directed That The Girl Shall Be Entrusted To The Care Of Her Parents And Adequate Security Shall Be Provided To Her And Family Members Immediately After Release.

The Matter Shall Be Taken Up On 18.1.2011 At 3.30 Pm For Further Hearing. On The Said Date, Learned A.G.A Shall Produce The Case Diary Of Case Crime No 379 Of 2010 PS Atarrah District Banda And Report Of The CB CID.

A Copy Be Made Available To The Learned AGA And Also To The Registrar General Of This Court Who Shall Ensure That The Order Is Communicated To All Concerned For Immediate Compliance Namely The Sessions Judge, Banda, The Chief Judicial Magistrate Banda, The District Magistrate Banda, The Superintendent Of Police Banda, The Deputy Inspector General Of Police Chitrakoot And Superintendent Jail Banda.

The District Judge Is Also Directed To Send The File Of The Court Of Civil Judge (J.D)/C.J.M. Banda Of Case Crime No 379 Of 2010 PS Atarrah Distt Banda By Special Messenger.

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