Back
IN THE HIGH COURT OF ALLAHABAD
Manoj Misra, Deepak Verma, JJ.
In Re Missing of an LLM Student at Swami Shukdevanand Law College (SS Law College) - Petitioner
Versus
State of U.P. – Respondent
Criminal Misc. Writ petition No. 21181 of 2019
Decided On : 30-04-2020
Constitution of India, Article 226 – writ petition on nomination by the Chief Justice pursuant to the order passed by the Apex Court requesting the Chief Justice of this Court to constitute a Bench to monitor the investigation of the two FIRs, and to pass appropriate orders, if required, with reference to protection to the parents and family members of the victim-girl on assessment of the threat percept – in the complaint and the FIR the victim is the same i.e. Miss “A”; and the issue raised, that is with regard to sexual exploitation of the victim, is common – if the investigating agency had taken a decision to club the subsequent complaint – it cannot be said that the investigating agency violated any provision of law. In fact, such clubbing was legally justified – opinion formed by the investigating agency on the basis of the material collected by it during the course of investigation is not binding on the court – it would not be appropriate on our part to comment at this stage upon the opinion formed by the investigating agency with regard to the nature of the offence committed by the accused- merely because a mobile instrument was not recovered would not lead us to draw an inference that the investigation was not conducted properly or that the investigation was tainted – Appeals 1 and 3 dismissed
Facts of the Case:
Apex Court, on the basis of newspaper reports and online news portal stating that an LLM student (Miss “A”) of an institution, namely, Swami Shukdevanand Law College (S.S. Law College), Shahjahanpur, Uttar Pradesh, has been missing from 24.08.2019 and that she had leveled certain allegations against persons running the institution, took cognizance of the matter, called for reports and directed the authorities to produce the girl. Upon production / appearance of the girl (Miss A) and her parents, after in-camera interaction, the Apex Court passed an order, dated 02.09.2019, thereby directing the Chief Secretary, State of U.P., to constitute a Special Team of police officers, headed and assisted by police officers of the rank specified, to enquire into the grievances expressed by the parents of Miss “A”
Finding of the Court:
In the complaint and the FIR the victim is the same i.e. Miss “A”; and the issue raised, that is with regard to sexual exploitation of the victim, is common – if the investigating agency had taken a decision to club the subsequent complaint – it cannot be said that the investigating agency violated any provision of law. In fact, such clubbing was legally justified – opinion formed by the investigating agency on the basis of the material collected by it during the course of investigation is not binding on the court – it would not be appropriate on our part to comment at this stage upon the opinion formed by the investigating agency with regard to the nature of the offence committed by the accused- merely because a mobile instrument was not recovered would not lead us to draw an inference that the investigation was not conducted properly or that the investigation was tainted.
Result: Appeals 1 and 3 dismissed
JUDGMENT :
Manoj Misra, J.
1. This matter has been placed before us as a duly numbered writ petition on nomination by the Chief Justice pursuant to the order dated 02.09.2019 passed by the Apex Court in Suo Motu Writ (Crl.) No. 2 of 2019 requesting the Chief Justice of this Court to constitute a Bench to monitor the investigation of the two FIRs, namely, FIR No. 0445, dated 27.08.2019, and FIR No. 0442, dated 25.08.2019, both at P.S. Kotwali, District Shajahanpur, and to pass appropriate orders, if required, with reference to protection to the parents and family members of the victim-girl (herein after referred to as 'Miss A') on assessment of the threat perception.
BACKGROUND FACTS GIVING RISE TO THESE PROCEEDINGS:
2. A brief narration of the facts giving rise to these proceedings would be apposite.
3. The Apex Court, on the basis of newspaper reports and online news portal stating that an LLM student (Miss “A”) of an institution, namely, Swami Shukdevanand Law College (S.S. Law College), Shahjahanpur, Uttar Pradesh, has been missing from 24.08.2019 and that she had leveled certain allegations against persons running the institution, took cognizance of the matter, called for reports and directed the authorities to produce the girl. Upon production / appearance of the girl (Miss A) and her parents, after in-camera interaction, the Apex Court passed an order, dated 02.09.2019, thereby directing the Chief Secretary, State of U.P., to constitute a Special Team of police officers, headed and assisted by police officers of the rank specified, to enquire into the grievances expressed by the parents of Miss “A”. At the stage of passing the aforesaid order, the Apex Court was apprised about registration of two FIRs, namely, FIR Nos.442 and 445. Consequently, the apex court directed that the investigation team would take note of both the FIRs and proceed with the investigation in accordance with law and file status report before the High Court of Judicature at Allahabad . By the same order the Apex Court also requested the Chief Justice of this Court to constitute a Bench to monitor the investigation. Pursuant to the above order, the Chief Justice nominated a Bench presided over by one of us (Manoj Misra, J) to monitor the investigation.
4. It may be noticed that the Apex Court, after noticing the apprehension expressed by the father of Miss “A” with regard to the safety of the family of Miss “A, had also directed the Chief Secretary, State of U. P. to direct the Superintendent of Police of the concerned district, namely, Shahjahanpur, to afford protection to the parents and family members of Miss “A” on assessing the threat perception and the High Court was requested to review the protection so accorded and pass appropriate orders, if required.
5. After the order dated 02.09.2020 was passed, the matter was again put up before the Apex Court on 04.09.2020 for orders in respect of Miss A's further studies. Orders in that regard were also passed by the Apex Court and the proceedings were accordingly disposed off.
6. Pursuant to the order dated 02.09.2019, the Bench nominated to monitor the investigation and pass appropriate orders in respect of protection of Miss “A” and her family members was apprised, from time to time, through affidavits as well as reports about the ongoing investigation in the two FIRs.
7. Finally, Sri Atul Kumar Srivastava, Additional Superintendent of Police (City), Bulandshahar /Additional Superintendent of Police (S.I.T.), Shahjahanpur, through his affidavit, reported that in both the cases investigation has been completed and police report under section 173(2) CrPC has been submitted in the appropriate court.
8. No dispute has been raised, either on behalf of Miss “A” or for that matter any body else, with regard to filing of police reports, under section 173 (2) CrPC, in the above-mentioned two FIRs. There are, however, two applications filed on behalf of Miss “A” and her family which we have to address.
APPLICATIONS THAT
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
