Friday, June 9, 2023

Allahabad HC gives one more opportunity to UP Police in habeas corpus case

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The Allahabad High Court has given another opportunity to the police to present her in the case of a missing girl under the Kalyanpur police station of Fatehpur.

A Single Bench of Justice Gautam Chowdhary passed this order while hearing a Habeas Corpus petition filed by Kalawati And Another.

The case of the petitioner is that she married off her daughter (corpus-petitioner no 2) to one Sumit Kumar in 2019 and when she came to her parental house with her husband, she was forcibly abducted by respondent no 4 with the help of respondent nos 5 and 6 pursuant to which a complaint was made on 04.03.2021 regarding forcible abduction of the corpus on 23.02.2021 before the police authorities for registration of the FIR but nothing was done by the District/police Authorities, a complaint was also sent to the Chairman SC/ST Commission, UP, Lucknow as well as to the State Movement Commission, UP, Lucknow and also before the concerned portal of State Government, even then nothing was done.

Hence the habeas corpus writ petition was filed before the Court in October 2021 with a prayer to direct respondent nos 2 and 3 to produce the corpus (petitioner no 2) and set her at liberty.

The Court noted,

The case was taken up for the first time on 24.11.2021 and since then the police authorities are giving one statement after another by twisting the matter and are trying to divert the matter only to save the skin of real accused-culprits by developing a new story.

When the case was taken up on the last date i.e 05.05.2022, the State counsel during the course of argument had orally made submission that they will undergo for the DNA test of an unidentified dead body recovered as they were of the opinion, that the unidentified dead body may be of the corpus and prays to grant ample time, thus the case was directed to be listed on 04.07.2022 i.e about two months time was granted to the State authorities.

In perusal of the affidavit filed in support of affidavit dated 04.07.2022, sworn by Anil Kumar, Investigating Officer/Circle Officer Jafarganj, District Fatehpur, which is a report of Forensic Science Laboratory, Bhopal shows that the DNA Test of unknown recovered dead body was conducted with the sample of Kalawati-petitioner-first informant and that sample did not match each other, thus the petitioner no1-informant Kalawati is not the biological mother of unidentified female dead body recovered by the police.

The Court observed,

It appears from the perusal of the SCD that there is sufficient material to resolve the controversy involved in the instant case, in spite of the same, no substantial efforts have been made by the Investigating Officer of the case.

When the case was taken up before the court the State authorities came up with a different story that they will undertake a NARCO test of the accused persons, without any concrete evidence only to mislead the Court. When the Court was not satisfied with the arguments advanced by the State and was referring the matter to the CBI for investigation in the matter, again time was sought by the State Counsel.

“Consider the prayer of the State to grant time. As a last opportunity, time is granted to the State Authorities to bring on record a report specifically mentioning therein the action taken in the investigation with regard to the recovery of the corpus.

The Inspector General of Police, Prayagraj Region, Prayagraj, Investigating Officer/ Circle Officer, Jafarganj, District Fatehpur as well as Tej Bahadur Yadav, S.I.T member shall remain present before this Court on the date fixed.

List this matter on 19.07.2022 for further hearing by which time, the aforesaid report shall be filed before the Court,” the Court ordered.

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