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1989 Supreme(SC) 302

M.N.VENKATACHALIAH, RANGANATH MISRA
Jwala Devi – Appellant
Versus
Sub-inspector Bhoop Singh – Respondent


Advocates:
A.Subhashini, B.PARTHASARTHY, Mahabir Singh, RAVINDER BANA, S.BHARADVAJ, V.C.MAHAJAN

JUDGMENT

RANGANATH MISRA, J. :— This is an application under Art. 136 of the Constitution and is directed against the order of the Delhi High Court in Criminal Writ Petition No. 370 of 1987 dismissing it by saying : -

"In view of the rival versions and contentions, we consider it not appropriate to give any finding of facts. The petitioner, if so advised, can take appropriate steps but in the present petition, no relief can be granted."

2. The petitioner alleged that the respondents entered into her house in the afternoon of 15th of July, 1987, and physically assaulted her, subjected her to torture in various ways and even outraged her modesty and paraded her in the street after rubbing black shoe polish on her face. The allegations made in the writ petition were seriously disputed and the High Court found it difficult in the face of such challenge to come to any conclusion and, therefore, relegated the petitioner to any other proceeding. This order of the High Court has been assailed in this application for special leave.

3. By order dated 2-5-1988, this Court required the Sessions Judge of Delhi either by himself or through an Additional Sessions Judge under his control to hold an i






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