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1991 Supreme(P&H) 567
PUNJAB & HARYANA HIGH COURT
G.S.Chahal, J.
R.K.Chanan
Versus
State Of Haryana
Criminal Misc No. 4397 of 1991,
Decided On : JUNE 8, 1991
A person cannot be held criminally liable for detaining and torturing another person if they are doing so in an attempt to cure the person of a mental illness.
Headnote:
CRIMINAL MISCELLANEOUS - QUASHING OF FIR - SECTION 482 CR.P.C. - SECTION 227 OF THE CONSTITUTION OF INDIA - SECTIONS 342, 323, 326 AND 506 IPC - COURT HELD THAT NO CRIMINAL OFFENCE IS MADE OUT AGAINST THE PETITIONERS AND QUASHED THE FIR.
Fact of the Case:
The petitioners, including a dedicated Shiv Bhagat and senior soil surveyor, were accused of detaining and torturing a woman and her daughter at their ashram. The woman and her daughter alleged that they were tied up, beaten, and given electric shocks. The petitioners claimed that the woman was mentally deranged and that they were trying to cure her.
Finding of the Court:
The court found that the statement of the woman's father showed that she was mentally deranged and that he had full faith in the petitioners that they would cure her. The court also found that the petitioners had been making efforts to cure the woman and that they had obtained much success. The court held that even if the petitioners had no power to cure the woman, it would still not make out any criminal offence against them.
Issues: Whether the petitioners had committed any criminal offence by detaining and torturing the woman and her daughter.
Ratio Decidendi: The court held that no criminal offence was made out against the petitioners because: (1) the woman was mentally deranged and the petitioners were trying to cure her; (2) the petitioners had been making efforts to cure the woman and had obtained much success; and (3) even if the petitioners had no power to cure the woman, it would still not make out any criminal offence against them.
Final Decision: The court allowed the criminal miscellaneous petition and quashed the impugned FIR and all other proceedings.
G.S.Chahal, J.
1. R. K. Chanan and others have moved this criminal miscellaneous u/s 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing of First Information Report No. 814 dated 28-11-1990, u/ss 342 323, 326 and 506 IPC, registered at Police Station City, Gurgaon and the consequent proceedings and the investigation.
2. The impugned FIR was registered on the statement of Navita alias Namita d/o Naresh Chaudhry of Nainital (UP). The version given by her runs as under :
"Stated that from Nainital we had come to this place. I had reached Gurgaon on the 21st of July, 1990 along with my mother. We had come to Gurgaon to an Asthan which is behind Jai Talkies, to pay our respects. Guru Ji asked me and my Mummy to stay at their residence and we were kept there since July, 1990 up till today. When we expressed out desire to leave the place, Guru Ji used to tell that he would send us. In the meanwhile, I became indisposed. I do not know what had happened to me. When I become so ill, these people tied we and used to keep a watch so that I may not get out. I have no recollection as to what had happened between the 25th of August to the 30th of October. When I regained consciousness my Mummy told me that I was being kept there by tying and was giving beatings with a Sota. I requested Guru Ji that my eye sight be cured. Guru Ji told me that my eye sight would be cured, however, it was not cured. I do not know the name of Guru Ji. Perhaps his surname is Chanan. Burning cigarette was also touched with my body. I was kept separate from my mother. I was given injuries with a Sota on my foot which resulted in deep wounds which now are healed. I was so hypnotised that I could not know what was happening with me. About 9 days back, when we got ready to leave for Nainital we were stopped on some excuse. After that my Mummy became. indisposed. My Mummy is not now speaking. She was given beatings with Sotas. Now condition of my Mummy is such that she cannot recognise anyone and on account of tying, her hands have swollen, she also has a deep wound near her eye and appearance of her face has changed. She is not in a position to speak. When my mater uncle etc. had come to see us. They did not allow them to see us In spite of their insistence, they were not allowed to see us. My Mummy was tied near a window and when shouted her names in loud voice, then she named her brother and upon which both the brothers went inside, but still they were not allowed to see her. These people kept a watch on her throughout the night I cannot tell-the name. However, all the people called him Guru Ji. Myself and my mother were rescued by my maternal uncle, maternal grand father and maternal grand mother. My Mummy was being tortured with a Danda. My Mummy has got such deep wounds that a finger enters in the same : My Mummy was quite normal, but has now become abnormal. The residents of the Asthan have rung up my father, but my father refused to talk us on telephone. Because he is Shish of Guru Ji..."
It is averred in the petition that petitioner- I is a dedicated Shiv Bhagat and is serving as Senior Soil Surveyer in the Ministry of Agriculture, Govt. of India, New Delhi. Petitioner 1 has dedicated the ground floor of house No. 702 and the whole building of house No. 703 to the Ashram/Mandir where blessings are bestowed on suffering masses with various problems, including mental, physical and spiritual and that the said Ashram is a place of solace for lacs of devotees. This Ashram is being managed by Himgiri ( Charitable. Trust (Regd.). On the first Thursday, after every Amavas, a large number of devotees visit this Ashram and get the blessings of Guru Jr. A large number of followers also visit this Ashram on Guru Purnima and Mahashivratri. The Ashram is situated in thickly populated residential area of Gurgaon. Some persons who were jealous of the popularity of petitioner-1 wanted to malign him and the Ashram, connived with the local Police
