Roma Rani And Others vs State Of Punjab And Others

Gurvinder Singh Gill, J

This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Roma Rani and Sukhwinder Singh @ Deep in respect of FIR No.274, dated 5.12.2022 registered at Police Station Samana, District Patiala, under Sections 370(5), 120-B of Indian Penal Code and Section 81 of Juvenile Justice (Care and Protection of Children) Act, 2015. Petitioner – Roma Rani (in CRWP-2293-2023) in her petition has made the following prayers:

i) A writ in the nature of Mandamus for directing the respondents No.1 and 2 to protect the life and liberty of the petitioner and her family from the respondents No.5,8,9, 10,11 and 15 as she is facing threat to her life from them.

ii) Further direction to respondents No.1,2, 5 and 6 to hand over the Investigation of FIR No.274 dated 05.12.2022 U/s 370(5), 120-B IPC and Section 81 of Juvenile Justice Act registered at Police Station Sadar Samana, District Patiala and FIR No.32 dated 28.01.2023 U/s 370(5), 120-B IPC and Section 81 of Juvenile Justice Act, 2015 registered at Police Station Sohana, District SAS Nagar to the Central Bureau of Investigation (CBI) Chandigarh as senior Punjab Police Officials are involved in extortion and misusing public office dishonestly to loot the public.

(iii) A criminal writ in the nature of Mandamus directing the official respondents of the State of Punjab to pay compensation as damages to the tune of Rs.20,00,000/- for keeping the petitioner in illegal detention from about 8.30 pm dated 04.12.2022 till 23:00 hrs dated 05.12.2022 unconstitutionally, unlawfully, in violation of Article 21 of the Constitution of India, for mental agony, harassment and torture suffered due to extortion, loss of business and the defamation of the petitioner in society.

iv) Directions to respondent No.2,3 and 7 to investigate the complaint of the petitioner dated 13.02.2023 (Annexure P-4) and that of respondent No.15 vide complaint dated 27.01.2023 (Annexure P-3) jointly and to take legal action in accordance with law.

v) Criminal Contempt Proceedings be initiated against respondents No.5,8, 9 and 10 for intentionally and wilfully disobeying the directions and guidelines issued by Hon'ble Supreme Court of India in case titled as "D.K. Basu Versus State of West Bengal (AIR 1997 SC-610)" and further committing Crime using the public office for extortion.

Petitioner - Sukhwinder Singh @ Deep (in CRM-M-15481-2023) in his petition has made the following prayers:

i) Issue directions to respondents No. 1, 2, 3 and 4 to hand over the Investigation of FIR No.274 dated 05.12.2022 U/s 370(5), 120-B IPC and Section 81 of Juvenile Justice Act registered at Police Station Sadar Samana, District Patiala to the Central Bureau of Investigation (CBI) Chandigarh under Section 173(8) Cr.P.C. for reinvestigation as senior Punjab Police Officials are involved in extortion and misusing public office dishonestly to loot the public.

ii) In alternate to quash the proceedings of FIR No.274 dated 05.12.2022 U/s 370(5), 120-B IPC and Section 81 of Juvenile Justice Act registered at Police Station Sadar Samana, District Patiala qua the petitioner being falsely implicated by the Punjab Police officials and further registering an FIR against the guilty police officials in accordance with law after the completion of investigation by the Investigating Agency on the complaints of Ms. Roma Rani i.e. Annexures P-2 dated 24.01.2023 given to respondent No.2.

iii) Award a compensation as damages to the tune of Rs.20,00,000/- for keeping the petitioner in illegal detention, unconstitutionally, unlawfully, in violation of Article 21 of the Constitution of India, for mental agony, harassment and torture suffered by the petitioner.

iv) Criminal Contempt Proceedings be initiated against respondents No.3, 4, 5 and 6 for intentionally and wilfully disobeying the directions and guidelines issued by Hon'ble Supreme Court of India in case titled as "D.K. Basu Versus State of West Bengal (AIR 1997 SC-610)" and further committing Crime using the public office.

The FIR in question was lodged on the basis of secret information received by the police party headed by ASI Beant Singh, CIA Samana on 05.12.2022 to the effect that Baljinder Singh and Amandeep Kaur who use a white coloured i-20 car bearing registration No. PB-11-CY-7054 and Lalit Kumar, Bhupinder Kaur, Sajita and Harpreet Singh who use a Innova ambulance car bearing registration No. PB- 19-M-2594, in connivance with their other acquaintances, are involved in trafficking of newborn babies. It is alleged that today i.e. on 5.12.2022, Sukhwinder Singh alias Deep is coming in his car bearing registration No.HR-26-BX-4821 to take delivery of two new-born babies from them, which they have purchased from different places, and they are to meet near ‘Namada Googa Marri’ ground, for exchange amongst them and that if a raid is conducted, the aforesaid persons can be apprehended along with two newborn babies.

Pursuant to receipt of aforesaid information, ASI Beant Singh alongwith police party conducted a raid at the abovesaid disclosed place. During the said raid, aforesaid persons were seen exchanging the newborn babies in Innova Ambulance vehicle and were apprehended. Upon inquiries, the person sitting on the driver's seat disclosed his name as Harpreet Singh, the person, who was sitting on conductor's seat tried to run upon seeing the police party, but suffered a minor injury in that attempt. Another person, who was apprehended at the spot was Lalit Kumar and the person sitting on the backseat of driver seat was Baljinder Singh and the woman sitting beside him was Amandeep Kaur. The person holding a newborn baby, who was sitting on rear seat behind conductor seat was carrying cash amount of Rs.4 lakhs in a white coloured polythene was Sukhwinder Singh alias Deep and the woman holding the other newborn baby, sitting on a rear seat was Bhupinder Kaur and the woman, who was sitting on the last seat of the car and whose child Bhupinder Kaur was holding, was Sajita.

It is further the case of prosecution that during the course of investigation, accused Baljinder Singh and Amandeep Kaur made a disclosure statement that they had purchased the newborn baby held by Baljinder Singh from one Harpreet Kaur on 05.12.2022 for Rs.4 lakhs. Said Harpreet Kaur was nominated as an accused in the present case pursuant to aforesaid disclosure statement made by accused Baljinder Singh and Amandeep Kaur. Said Harpreet Kaur was arrested and pursuant to her disclosure statement an amount of Rs.50,000/- was recovered from her.

It is further the case of prosecution that during the course of investigation, accused Sukhwinder Singh alias Deep suffered disclosure statement that he was residing in the house of Roma Rani (petitioner) on rent, who was his friend and who also indulged in trading new born babies. He disclosed that she came to Patiala with him two days back to take new born babies but the other party kept on lingering the matter. On 05.12.2022, he received a phone call from child supplier that he had got the children, upon which, he alongwith Roma Rani went to Patiala and as per the child supplier's direction, they reached at Guga Marri Ground near Village Namada, where the other party was sitting in Innova Ambulance. He further disclosed that he (Sukhwinder Singh) also sat in the aforesaid Innova Ambulance and was trading the new born children and he told Roma Rani (petitioner) to stand at the side in the dark and that when they were apprehended by the police party, Roma Rani escaped from the spot by taking advantage of the darkness.

It is consequent to recording of the aforesaid disclosure statement of Sukhwinder Singh @ Deep that notices under Section 160 Cr.P.C. were sent to Roma Rani in January 2023 but she could not be found or arrested and ultimately was arrayed as an accused on 18.4.2023 and came to be arrested on 4.9.2023.

It is not disputed that in the instant case challan already stands presented against both the petitioners. While petitioner - Sukhwinder Singh was caught red-handed at the spot while exchanging new-born children in lieu of cash, petitioner – Roma Rani was nominated on disclosure statement of said Sukhwinder Singh. The allegations as had been levelled in secret information regarding child-trafficking are prima-facie substantiated upon recovery of new-born babies and cash amount from the spot when accused including petitioner – Sukhwinder Singh were apprehended. There is nothing on record so as to justify handing over the investigation to Central Bureau of Investigation (CBI) or to direct any kind of re-investigation at this stage. The prayer of petitioners for awarding compensation for the alleged detention also cannot be considered at this stage as there is no such evidence as regards any illegal detention or any malicious prosecution.

Needless to mention, the petitioners would be at liberty to raise all the pleas as have been raised herein before the Trial Court at appropriate stage or to have recourse to any other alternate efficacious remedies as may be available for redressal of their grievances. Both the petitions, as such, are disposed off accordingly.

A copy of this order be placed on the file of connected case.