Madhya Pradesh High Court
Roshni @ Kajal Bundela Through Mother ... vs The State Of Madhya Pradesh on 16 July, 2018
1 WP-10657-2018
The High Court Of Madhya Pradesh
WP-10657-2018
(ROSHNI @ KAJAL BUNDELA THROUGH MOTHER MITHLESH BUNDELA Vs THE STATE OF MADHYA
PRADESH)
8
Indore, Dated : 16-07-2018
Shri Mohan Singh Chandel, learned counsel for the petitioner.
Ms. Swati Ukhale,learned Government Advocate for the
respondent/State.
It is informed by the learned Government Advocate that under telephonic information received, the girl has been received.
She be produced at 2.30 P.M. before the Court. As requested by the learned Government Advocate the matter be taken up at 2.30 P.M. (J.K. MAHESHWARI) JUDGE Later At 2.30 PM Shri Mohan Singh Chandel, learned counsel for the petitioner. Ms. Swati Ukhale,learned Government Advocate for the respondent/State.
Despite giving assurance, the girl has not been produced before this Court.
It is stated by the learned Government Advocate that the girl is residing at Ujjain.
List at 4.30 PM.
By that time, the girl be produced before this Court otherwise, Superintendent of Police, Ujjain shall remain present before this Court.
Registrar to communicate this order to Superintendent of Police, Ujjain immediately for compliance.
The matter be taken up at 4.30 PM.
(J.K. MAHESHWARI) JUDGE 2 WP-10657-2018 Later At 4.20 PM Shri Mohan Singh Chandel, learned counsel for the petitioner. Ms. Swati Ukhale,learned Government Advocate for the respondent/State.
This is a matter in which earlier on perusal of status report, the directions were issued on 21.5.2018 observing that effective steps have not been taken to search the girl, however, directed that the girl be produced on 24.5.2018 otherwise Senior Superintendent of Police, Indore shall personally remain present before the Court 24.5.2018.
On 24.5.2018, Mr. Awadhesh Kumar Goswami, Superintendent of Police, Indore was present in the Court in early sessions and informed that there is no post of Senior Superintendent of Police though the fact remains that the officers promoted as Dy. Inspector General are posted at Indore and Bhopal has been designated as Senior Superintendent of Police. The matter was directed to be listed later but in the later hours, Mr. Awadhesh Kumar Goswami, SP was not present on the pretext of having duty in law and order and Senior Superintendent of Police was also not present. After hearing, the Superintendent of Police, Head Quarter came and made the regret, in this regard, on his request following order was passed by this Court :-
"Shri Mohan Singh Chandel, Advocate for the petitioner.
Shri Amit Sisodiya, GA for the State.
Shri Awadhesh Kumar Goswami, Superintendent of Police, Indore and Shri Rajendra Soni, SHO, Police Station Lasudiya are present in the Court. It is stated by them that a merg was registered regarding missing of the girl and it appears that the girl alone along with the boy namely Santosh visited to Goa by Flight No. 6-E 245.
On receiving all these evidence, SHO concerned shall continue to investigate as per Clause 419 of M.P. Police Regulation and looking to the said fact, fresh statements be recorded of the parents of the girl and other family mebmers with respect to abduction as alleged in the writ petition and thereafter appropriate offence be registered against the boy and appropriate steps to take him into custody be taken
3 WP-10657-2018 exercising power under Section 41 of the Cr.P.C. and the girl be also produced before this Court thereby it can be decided that she is in illegal confinement or not after recording her statement.
Let needful be done within 10 days and the status report be filed on the next date.
SHO concerned shall remain present on the next date also.
It is further observed that SHO concerned shall take other mobile numbers of the parents and wife of Santosh and they be also traced out during investigation. The intimation to the Maharashtra Police be given for the search of the boy and girl thereby they can be traced out and be produced before this Court.
List on 11.6.2018."
Thereafter on three dates, time was sought to produce the girl or to file the status report.
Today, when the matter is taken up in the morning session at about 11:00 AM, Ms. Swati Okhle, Government Advocate has stated that telephonic instructions have been received that the girl has been traced out, however, she will be produced at 2:30 PM from Ujjain before the Court. Accordingly, the matter was directed to be taken up at 2:30 PM. The impression was created that the action is to be taken by the Superintendent of Police, Ujjain. At 2:30 PM, the girl was not produced, however, under the said impression, it was directed that the girl be produced prior to 4:30 PM, otherwise Superintendent of Police, Ujjain shall personally remain present before the Court. The aforesaid order was passed due to incorrect projection of facts, therefore, it is hereby recalled. In fact the matter is related to Superintendent of Police, Indore.
On perusal of the order dated 24.5.2018 and the facts mentioned above it is clear that the Court has to decide whether the corpus is in illegal confinment or not on production as per her version. In view of the foregoing facts, it can safely be observed that in the aforesaid situation, Mr. Awadhesh Kumar Goswami, who is related to this matter ought to have remained present before the Court 4:30 PM, if he was not in a position to produce the girl. The girl has not been produced and he sent 4 WP-10657-2018 one Mr. Jayant Singh Rathore, City Superintendent of Police, Vijay Nagar, who informed that Mr. Awadhesh Kumar Goswami is not well,therefore, he is unable to appear before the Court.
It is to be noted here that in the status report filed at 2:30 PM by learned Government Advocate under the signatures of Asst. Superintendent of Police, Lasudia, it is stated that the detenue Roshni @ Kajal appeared in the Control Room, Ujjain where her statement was recorded with respect to solemnization of the marriage with the person with whom she was eloped and those documents have been filed. These documents have been prepared by Police Station Lasudiya. Along with the status report, a copy of the anticipatory bail application filed by the person with whom the girl was eloped, has also been produced, which is having nothing to do with the matter, though indicate some favour to the said boy.
The aforesaid conduct, prima facie indicates that either Mr. Awadhesh Kumar Goswami, SP, Indore and the SHO, P.S. Lasudiya are in hand and gloves with the person with whom the corpus is eloped or intentionally despite the orders of this Court, they do not want to produce the girl before the Court.
On the other hand the mother of the girl is weeping in the Court since morning to see the face of her daughter.
Considering the aforesaid, let notice of contempt be issued against Mr. Awadhesh Kumar Goswami, Superintendent of Police, Indore for securing his presence before the Court tomorrow i.e. on 17.7.2018 at 2:30 PM. Let all relevant documents for his duty in law and order situation on 24.5.2018 and of his ailment and his leave application for today be also produced before the Court through OIC of the case.
It is further directed that the girl be also produced tomorrow at 2:30 PM otherwise, DIG of Police, Indore would remain present before this Court.
Let a copy of this order be supplied to learned Government Advocate, Principal Registrar of this court and it be also sent through fax to IG, Indore for communication and compliance.
(J.K. MAHESHWARI) Digitally signed by JUDGE PRADYUMNA BARVE Date: 2018.07.16 18:33:05 +05'30' 5 WP-10657-2018 PB