Ranu Sen vs The State Of Madhya Pradesh
2022 Latest Caselaw 8554 MP

                           1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                           BEFORE
        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                    ON THE 28th OF JUNE, 2022

              WRIT PETITION No. 10189 of 2022

     Between:-
     RANU SEN S/O SHRI SAGUN SINGH SEN, AGE -23
     YEAR S , OCCUPATION: LABOUR R/O GRAM
     TEELA POLICE STATION KARERA, DISTRICT
     SHIVPURI (MADHYA PRADESH)

                                                  .....PETITIONER
     (BY SHRI SUNIL KUMAR DUBEY - ADVOCATE)

     AND

1.   THE STATE OF MADHYA PRADESH THROUGH
     ITS PRINCIPAL SECRETARY, DEPARTMENT OF
     HOME, VALLABH BHAWAN BHOPAL (MADHYA
     PRADESH)

2.   THE SUPERINTENDENT OF POLICE POLICE
     DISTRICT SHIVPURI (MADHYA PRADESH)

3.   THE THANA IN CHARGE POLICE STATION
     KARERA DISTRICT SHIVPURI  (MADHYA
     PRADESH)

4.   RAHUL S/O SHRI PRAGI LAL, R/O GRAM TEELA
     POLICE STATION KARERA DISTRICT SHIVPURI
     (MADHYA PRADESH)

5.   SUNEEL S/O SHRI PRAGI LAL GRAM TEELA
     POLICE STATION KARERA DISTRICT SHIVPURI
     (MADHYA PRADESH)

6.   SHRI PRAGI LAL R/O GRAM TEELA POLICE
     STATION  KARERA    DISTRICT SHIVPURI
     (MADHYA PRADESH)

7.   KALLU S/O SHRI GORI RAY, R/O GRAM TEELA
     POLICE STATION KARERA DISTRICT SHIVPURI
     (MADHYA PRADESH)

8.   NAVAL S/O SHRI GORI RAY, R/O GRAM TEELA
                                2
           POLICE STATION KARERA DISTRICT SHIVPURI
           (MADHYA PRADESH)

                                                              .....RESPONDENTS
           (BY SHRI M.P.S.RAGHUWANSHI WITH SHRI DEEPAK KHOT -
           GOVERNMENT ADVOCATE FOR THE STATE )
           (BY SHRI GAURAV MISHRA - ADVOCATE FOR THE RESPONDENT
           NO.7)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                       ORDER

In compliance of order dated 14/06/2022, Shri Rajesh Singh, Superintendent of Police, Shivpuri is present in person. Although, his personal presence was not directed and he was merely directed to file the status report

supported by his affidavit.

It is submitted by Shri Singh that earlier the corpus had eloped with the boy and after her recovery, she had made a specific statement that she was enticed by the accused and she was raped by him. In spite of that the accused persons were not arrested and accordingly, the corpus again eloped with the boy and now, they have been recovered from Indore.

Shri Singh was directed to go through the case diary of the first FIR at Crime No.23/2022 registered at Police Station Karera, District Shivpuri and he fairly conceded that no sincere efforts were made to trace out the boy. He fairly conceded that since, the girl had once again eloped with the boy, therefore, it is clear that she was in constant touch with the boy. Accordingly, he submitted that he would take action against the Investigating Officer as well as Town Inspector of Police Station Karera, District Shivpuri for showing lethargy in the case of minor girl and shall pass necessary orders in the course of the day. It is submitted that the main accused as well as some more persons have already been arrested.

The corpus was produced alongwith Lady S.I. Ms. Sikha Tiwari. It is submitted by the corpus that she does not want to reside with her

parents.

In the light of the judgment passed by the Supreme Court in the case of Independent Thought Vs. Union of India & Anr. reported in 2017(10) SCC 800, according to which the physical relationship with a minor wife below the age of 18 years is also an offence under Section 376 of IPC as well as the fact that the main accused is already in jail and as the corpus is not interested to stay with her parents, accordingly, it is directed that the corpus shall be lodged in Nari Niketan, Gwalior (as no facility is available at Shivpuri).

With aforesaid observations, the petition is finally disposed of. The Superintendent of Police, Shivpuri is directed to file his compliance report with regard to the action against the negligent police officers latest by 30/06/2022 before the Principal Registrar of this Court.

(G.S. AHLUWALIA) JUDGE PjS/-

Digitally signed by PRINCEE BARAIYA Date: 2022.06.29 10:47:59 -07'00'