NAROTHAM SHARMA vs STATION HOUSE OFFICER & ORS

Mr. Narotham Sharma, the petitioner, has filed this Habeas Corpus petition interalia on the ground that his aunt, Mrs. Susheela Sharma, is

missing from her house from 05.02.2018. When he went to her house, he was told by her neighbour that Mrs. Susheela Sharma''s daughter, Mrs.

Sunitha Sharma, had taken her mother, against the wishes of the mother, to a hospital. Subsequently, her whereabouts are unknown.

By order dated 14.02.2018, this Court had issued notice to respondent Nos.1 to 4. On 16.02.2018, the police personnel from the Amruthahalli

Police Station had produced Mrs. Susheela Sharma before this Court.

Mrs. Susheela Sharma informed this Court that she was forcibly taken by her daughter to a hospital under the plea that she is suffering from

mental illness. It appeared to this Court that Mrs. Susheela Sharma is emotionally disturbed and facing a psychological crisis because of the

harassment given to her by her own daughter. Therefore, this Court felt it proper to secure a report from the experts in NIMHANS, regarding her

physical, mental and emotional condition. Thus, this Court directed the Inspector of Police, Amruthahalli Police Station to contact the Director of

NIMHANS, and further directed the concerned specialist to submit his/her report with regard to Mrs. Susheela Sharma''s mental and emotional

condition. Since Mrs. Susheela Sharma expressed her fear and anxiety that her personal safety may be at risk, this Court further directed the police

to ensure that she is under proper care and security till the next date of hearing.

This case was listed on 28.02.2018. Initially this Court heard the plight of Mrs. Susheela Sharma in the Court Hall. But, eventually, this court felt

that it would be in the interest of justice to speak to her, and to the petitioner, in the privacy of the Chamber. Therefore, this Court directed the

parties and the learned counsel for the parties to appear in the Chamber.

This Court has extensively spoken to Mrs. Sharma in the Chamber. She informed this Court that originally she is from Jaipur where she was

married of by her parents. However, after giving birth to two children, a son and a daughter, the husband left her. In order to bring up the two

children, she has to fend for herself. She shifted to Bengaluru about three decades ago. During this period, she has not only earned a huge amount

of money from her business in real estate, but has also bought properties, both in and around Bengaluru, in her own name. Unfortunately, during

this period, she lost her son. Thus, she has only her own daughter to depend upon. Despite the bonding that should be prevalent between a mother

and a daughter, according to Mrs. Susheela Sharma, it is her own daughter who is trying to grab her properties, and her monies, through illegal

means. Her daughter is assisted by one Mr. Karim who has been threatening Mrs. Susheela Sharma. According to her, it is her daughter and Mr.

Karim who had kidnapped her from her house, taken her to a hospital, and had even bribed the hospital doctors to declare her as insane. She

further stated that already two of her properties have been transferred in the name of her daughter and Mr. Karim, without her consent. Therefore,

she is of the view that her life is in danger.

On the said date, Mr. Narotham Sharma could not appear in the Chamber hearing as he had suddenly felt uneasy and ill. Therefore, the case

was directed to be listed on the next date, namely 01.03.2018.

On 01.03.2018, this Court spoke to Mr. Narotham Sharma, the petitioner, in the Chamber. He has corroborated the statement made by Mrs.

Susheela Sharma on 28.02.2018. According to him, Mrs. Susheela Sharma''s daughter has plotted with Mr. Karim, and his associates, in order to

deprive Mrs. Susheela Sharma of her properties and her monies. According to him, it is they who had kidnapped Mrs. Susheela Sharma.

Furthermore, according to him, when he went to the Police Station, the police refused to register his complaint, and to register an FIR. According

to him, he ran from pillar to post trying to get an FIR registered. Eventually, a case, Crime No. 26/2018, was registered at the Amruthahalli Police

Station against Mrs. Sunitha Sharma and others.

According to Mr. Narotham Sharma, even his life is being threatened by Mrs. Sunitha Sharma and Mr. Karim, and his companions. For, they

are unable to digest the fact that while they are trying to illegally grab the properties and monies of Mrs. Susheela Sharma, Mr. Narotham Sharma

is trying to protect her, both by going to the Police Station, and by approaching this Court by filing the present Habeas Corpus petition.

Since the life of Mrs. Susheela Sharma is in danger by the illegal acts of Mrs. Sunitha Sharma and her companions, since it was imperative to

record her statement, in order to know the dangers she may be facing from different quarters, this Court directed the Registrar (Judicial) to record

the statement of Mrs. Susheela Sharma, and Mr. Narotham Sharma. Consequently, the Registrar (Judicial) has recorded their statements, and

submitted the same before this Court. The same shall be taken on record.

In the statements, both Mrs. Susheela Sharma and Mr. Narotham Sharma have narrated the facts, more or less, mentioned above. Therefore,

it is not essential to re-produce their statements.

However, her statement clearly reveals the fact that, firstly, she is dealing in real estate business; secondly, she is being threatened by her

daughter, and Mr. Karim, and his companions; thirdly, she is being threatened by other persons, whom she has named in her statement. Obviously,

her life is in danger.

The learned AGA has also produced the case diary of Crime No. 26/2018. A bare perusal of the case diary clearly reveals that after having

registered the case, the police have not made any progress in investigating the criminal case. This is, indeed, a sorry state of affairs where

cognizable offences have been alleged to have been committed by some known and unknown persons, where the life of a woman is in danger, yet

the police have maintained a studied silence over the entire issue. Needless to say, it is the duty of the police to protect the life of the people, by

carrying out an impartial, and a thorough investigation and by booking those who violate the law. Yet, in the case of Crime No.26/2018, except for

arresting the offenders, no further step has been taken by the police. Surprisingly, the police have not even bothered to record the statement of

witnesses under Section 161 of Cr.P.C. Meanwhile, the life of Mrs. Susheela Sharma is exposed to constant danger.

However, considering the fact that Mrs. Susheela Sharma''s life is in danger, considering the fact that her statement has been recorded by the

Registrar (Judicial), and the statement form part of the judicial record of this Court, the Registrar (Judicial), is directed to send a copy of the

statements of Mrs. Susheela Sharma and Mr. Narotham Sharma to the DGP. This Court requests the DGP to consider the statement of both these

persons, to call for the record of Crime No.26/2018, and to ensure that the investigation in the said case is carried out by a responsible Deputy

Commissioner of Police. Once the investigation is completed, the investigating officer is directed to submit his report, firstly before the DGP, and if

sufficient evidence is gathered during the investigation against the persons, named or unnamed in the said case, to take action against such persons,

in accordance with law.

The police is further directed to produce Mrs. Susheela Sharma before the concerned Court dealing with Crime No.26/2018, and to ensure

that her statement is recorded by the concerned Magistrate under Section 164 of Cr.P.C., so that her statement forms part of the record of the

said case.

Since presently the life of Mrs. Susheela Sharma is in danger, the police is directed to provide her protection at her known address falling

within the limits of Cubbon Park Police Station for a period of one month. The police is directed to escort Mrs. Susheela Sharma back to her

home, and to provide her sufficient protection, as directed above.

Since Mrs. Susheela Sharma has been produced by the police before this Court, the Habeas Corpus petition no longer survives. This petition

stands disposed of, with the above mentioned directions.