Allahabad High Court
Smt. Bhumi Verma And Anr. vs State Of U.P. And 2 Ors. on 12 October, 2017
Bench: Vipin Sinha, J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 21905 of 2017
Petitioner :- Smt. Bhumi Verma And Anr.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Deepak Kumar Tripathi,Anup Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble J.J. Munir,J.
Shri Abhishek Jaiswal, Advocate, has put his appearance on behalf of respondent No. 3. The same is taken on record.
Heard learned counsel for the petitioners and learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 & 2.
Issue notice to the opposite party no. 3. Steps to be taken within two weeks. In case, steps are not taken the order granting interim protection to the petitioners shall stand automatically vacated.
Each of the respondents is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within two weeks thereafter.
List thereafter.
Learned counsel for the petitioners submits that petitioner No. 1 is is alleged victim, who is present along with the petitioner No. 2-Rishabh Jain. There is a joint affidavit filed in support of the averments made in the writ petition.
Since, the girl is present before this Court, the Court proceeds to examine the girl.
On being asked, "apka naam kya hai", she informed the Court, "mera naam Bhumi verma hai". She further informs the Court, "mera pita ji ka naam Rajesh Kumar Verma hai". On being further asked, apki umra kya hai, she replied, "meri umra 19 saal hai aur meri date of birth 27.10.1998 hai." Petitioner No. 1 and petitioner No. 2 have identified each other and both the petitioners have been identified by the counsel on the basis of documents produced before him in his chamber as a counsel.
A supplementary affidavit has been filed today, which is a nature of joint affidavit filed in support the contention as made in the writ petition.
In view of the averments as made in the instant writ petition and also in view of the judgment of the Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013, prima facie, a case for grant of indulgence is made out.
Until further orders of this Court, petitioners shall not be arrested in pursuance of the FIR registered as Case Crime No. 1140 of 2017, under Section 363, 366 IPC, Police Station Firozabad North, District Firozabad.
Let a copy of the order be forwarded to the concerned SSP/SP through the office of the Government Advocate, who after receipt of the order shall ensure the safety of the petitioners and also shall ensure that the family members of the victim do not cause any harm or injury to the petitioners and shall ensure fair investigation of the matter without any whims, caprice or personal notion of morality.
The petitioners are also given liberty that in case any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP/SP concerned along with the certified copy of the order and in case such an application is filed before the SSP/SP concerned, he will look into the matter personally and will ensure the safety of the petitioners.
Order Date :- 12.10.2017
LN Tripathi
