1980 Supreme(SC) 157
SUPREME COURT OF INDIA
R.S. SARKARIA AND O. CHINNAPPA REDDY, JJ.
Kumari Kiran, Appellant
Versus
Anand Pratap Singh and another, Respondents.
Criminal Appeal No. 236 of 1980
Decided on 26-3-1980.
Headnote:
Threatening - Inducing girl - Daughter of residing on S. A. My age is 18/19 years - Court was studying in C. M. P. Degree College - Very scared of this boy who is threatening to go with him - He says, if you refuse to be companion will shoot you and throw bomb to destroy you and your parents and brothers - He gave this threat by a letter and he had also orally threatened so when she was at Allahabad - His friend is residing as a tenant of her fathers house at 4, Minto Park - Respondent often says that if go with him he will get house at 4, Minto Park – Held, Court grant special leave and quash the High Courts order directing the parents to produce before High Court and subsequent orders issuing coercive process for her production - Taking into consideration her statement made before Court, High Court may dispose of Habeas Corpus Petition pending before it, in such manner as it deems fit - Appeal allowed.
JUDGMENT
SARKARIA, J. :— Kiran Singh, daughter of Shri Anand Pratap Singh, appeared before this court on 10th March, 1980 and made the following statement :
"Kiran Singh, daughter of Shri Anand Pratap Singh, now residing at Baraundha on S. A. My age is 18/19 years. I was studying in C. M. P. Degree College at Allahabad. I am very scared of this boy who is threatening me to go with him. He says, if you refuse to be my companion I will shoot you and throw bomb to destroy you and your parents and brothers. He gave this threat by a letter and he had also orally threatened so when I was at Allahabad. His friend Bimal Roy is residing as a tenant of my fathers house at 4, Minto Park, Allahabad. The respondent Akhil often says that if I go with him he will get the house at 4, Minto Park. This was his plan which he had hatched in concert with Bimal Roy and others. Akhil had disclosed this plan to me while inducing me to go with him. I never married Akhil or chose him as my life partner."
The statement was read over to her, and admitted as correct by her.
2. In view of the statement, we grant special leave and quash the High Courts order directing the parents to produce Kiran Singh before the High Court and the subsequent orders issuing coercive process for her production. Taking into consideration her statement made before this Court, the High Court may dispose of the Habeas Corpus Petition pending before it, in such manner as it deems fit.
3. The appeal is disposed of accordingly.
Appeal allowed.
For Citation : AIR 1980 SC 1749