Supreme Court - Daily Orders
Abcd vs Union Of India on 11 February, 2020
Bench: Uday Umesh Lalit, Indu Malhotra, Hemant Gupta
1
ITEM NO.27 COURT NO.6 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
IA 25217/2020 in MISCELLANEOUS APPLICATION ________Diary No(s).
5281/2020 in W.P.(Crl.) No.332/2019
ABCD Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
(IA No. 25217/2020 - CLARIFICATION/DIRECTION)
Date : 11-02-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MS. JUSTICE INDU MALHOTRA
HON'BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s) Mr. Manoj V. George, Adv.
Mr. Mohd. Irshad Hanif, AOR
Ms. Shilpa Liza George, Adv.
Ms.Bhavika, Adv.
Mr. Renjith V. Philip, Adv.
Mr. Rizwan Ahmad, Adv.
Mr. Mujahid Ahmad, Adv.
Mr. Adeel Siddiqui, Adv.
Mr. Aarif Ali Khan, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Writ Petition (Criminal) No.332 of 2019 was preferred by the petitioner in this Court seeking transfer of investigation in Signature Not Verified connection with FIR No.256 of 2018 lodged at P.S. Bashirhat, Distt. Digitally signed by INDU MARWAH Date: 2020.02.11 17:37:48 IST Reason: North Pragna, West Bengal for offences punishable under Sections 334/389/34 IPC.
2Said writ petition was disposed of by this Court on 13.12.2019.
It must be stated that the petitioner had also filed Writ Petition (Criminal) No.191 of 2018 which was disposed of by this Court vide order dated 10.12.2019. While disposing of petition, the submissions in connection with said FIR No.256 of 2018 were taken note of in para 3 of the order. It was also found that the petitioner and her family members were adequately protected by the processes issued by the concerned courts. The observations in that behalf were as under:
“11. As regards the crime registered pursuant to FIR lodged by the mother of respondent No.7, protection has been afforded to the petitioner and her family members and the application under Section 438 of the Code has also been dealt with. An application filed by the petitioner under Section 482 of the Code is presently pending with the High Court. It is, thus, clear that the petitioner has been invoking the processes of the court and adequate protection is being afforded to the petitioner and her family members. We, therefore, do not see any reason why the matter presently pending pursuant to the FIR lodged by the mother of respondent No.7 be transferred and investigation be entrusted to any other agency.” Crl.M.P. No.25217 of 2020 has since then been filed by the petitioner in disposed of Writ Petition (Criminal) No.332 of 2019, submitting inter alia that her father and brother were picked up by West Bengal Police on 8.2.2020; they were produced before the concerned Court at Gohana and on the strength of the order issued by the Court at Gohana, the custody of the father and brother of the petitioner was obtained by West Bengal Police in order to produce them before the concerned Court on 12.02.2020 in connection 3 with aforesaid FIR NO.256 of 2018. The request made by the father and brother of the petitioner for transit bail was rejected by the Court at Gohana vide order dated 8.2.2020.
It thus appears that custody of the father and brother was obtained four days earlier and the police had taken transit remedy to produce them before the concerned Court on 12.02.2020.
Mr. Manoj V. George learned counsel appearing for the petitioner submitted that while entertaining Writ Petition (Criminal) No.191 of 2018, by virtue of interim order passed by this Court, the petitioner and her family members were adequately protected. It was further submitted that after the disposal of the writ petitions, at no stage any requisition was issued by the investigating officer demanding presence and cooperation on the part of the petitioner and her family members.
Mr. George, therefore, submitted that the custody of the father and brother taken by West Bengal Police was not proceeded by any process issued by the Court nor was there any reasonable cause to take the extreme step of arrest of such persons.
Since the father and brother of the petitioner have already been arrested, and are to be produced before the concerned Court tomorrow i.e. on 12.2.2020, at this stage we pass following directions:
(a) The concerned Court, namely, Area Magistrate, Basirhat Court, Kolkata is directed to release the father and brother of the petitioner as soon as they are produced before him on 12.02.2020. 4
(b) The West Bengal Police is directed to extend to the father and brother of the petitioner all medical facilities, as would be required by the concerned persons.
We have been given to understand that the father of the petitioner is a heart patient and requires periodic medication. If that be so, all care and caution shall be undertaken by West Bengal Police.
(c) The petitioner shall be at liberty to attend the proceedings to be taken tomorrow i.e. on 12.02.2020 and in case she attends the proceedings, she shall be not, in any way be put under any process of arrest. Such protection shall be available to the petitioner till disposal of Crl.M.P. No.25217 of 2020. (D) West Bengal Police is directed to file a Status Report as to in what circumstances the arrest warrants were issued against the father and brother of the petitioner and whether at any stage before such issuance, any processes or requisitions were issued by the concerned police, seeking their cooperation in the pending investigation.
The complete Status Report in that behalf shall be filed by the State of West Bengal within three days from the receipt of this Order.
On the next date of hearing, the concerned Investigating Officer shall remain personally present in Court alongwith the requisite record.
List for further consideration on 18.02.2020. 5 A copy of this order shall immediately be served upon the learned counsel for the State and shall be intimated to the concerned Police Station as well as to the Chief Metropolitan Magistrate, Kolkata by the Registry of this Court.
(INDU MARWAH) (SUMAN JAIN) COURT MASTER ASSISTANT REGISTRAR