Smt. Rekha vs State of U.P.

Perused the medical report submitted by the Department of Psychiatry under the signatures of members of Medical Board constituted under the order of this Court.

As per report after clinical evaluation, observation of behaviour & sleep pattern, psychological investigation and detailed psychiatric evaluation, the Board was of the opinion that detenue Smt. Rekha was not found to have any psychiatric disorder and thus she was discharged from the hospital.

The petitioner Smt. Rekha has challenged the order passed by the Sub-divisional Magistrate, Hardoi in case No. 6 of 2009 u/s 97 Cr.P.C. It appears that the order was passed by the S.D.M. on an application made u/s 498 I.P.C. by the earlier husband of the petitioner.

We have carefully perused the provisions of Section 498 IPC which is non-cognizable and bailable and also the provisions of Section 198 Cr.P.C. relating to prosecution for offence against marriage.

We are of the view that the proper course would have been to lodge a complaint as per the law applicable in this case. But strangely enough on an N.C.R. the Sub-divisional Magistrate has taken cognizance against the petitioner and lodged her in a Nari Niketan. Hence we set aside the order dated 20.10.2009 passed by the S.D.M., Hardoi, with a note of caution that hereinafter the Sub-divisional Magistrate shall exercise care and caution in passing such order, lest this Court will be compelled to strip him of the magisterial powers.

Thus the order is set aside and the petitioner is set at liberty.