Subhash Kumar Singh, aged about 43 years, Son of Late Jag Narayan Singh, Resident v. 1. The State of Jharkhand. 2. The Deputy Commissioner of Police, East Delhi, P.O
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 58 of 2023 Subhash Kumar Singh, aged about 43 years, Son of Late Jag Narayan Singh, Resident of House No.31, Urmila Niwas, Mansarovar Enclave, Opposite Mahabir Mandir, Hatia, P.O.-Hatia, (Jharkhand). P.S.-Tupudana, District-Ranchi. ..... … Petitioner Versus 1. The State of Jharkhand. 2. The Deputy Commissioner of Police, East Delhi, P.O., P.S. & Dist.- East Delhi- 110092. 3. The Assistant Commissioner of Police, East Delhi, P.O., P.S. & Dist. East Delhi- 110092. 4. The Station Head Officer (S.H.O.), Madhu Vihar, Delhi, P.O. & P.S. Madhu Vihar, Dist. New Delhi. 5. The Superintendent of Police, Ranchi, Office at Near Kutchery, Samaharnalay Building, P.O.- G.P.O., P.S.-Kotwali, District-Ranchi, Jharkhand. 6. The Officer-in-Charge, Tupudana O.P., Hatia, P.S.-Hatia, District Ranchi, P.O.-Tupudana, Jharkhand. 7. Mr. Tamali Wad (Amicus Curie) Advocate, Delhi High Court, Son of not known, Resident of D-88, Panchsheel Enclave, P.O. & P.S. New Delhi, Dist.- New Delhi and Camber No. 479, Block-II, Delhi High Court, New Delhi-110003. 8. Jyoti Singh @ Jyoti Tiwary, Wife of Shri Subhash Kumar Singh, Daughter of Shri S.N. Tiwary, Resident of B-Block, 3/2, Mangla Apartment, I.P. Extension, Patparganj, P.O.-New Delhi, P.S.-Madhu Bihar, District- Delhi, 110092. 9. Sushma Priyadarshana @ Darshana Tiwari, Wife of Late Anurag Dubey, resident of B-Block, 3/2, Mangla Apartment, IP Extension, Patparganj, P.O.- New Delhi, P.S.-Madhu Bihar, District- Delhi, 110092. 10. Suresh Nand Tiwari, Son of not known, 11. Prabhat Tiwari, Son of S.N. Tiwari. 12. Bhaskar Tiwari, Son of S.N. Tiwari. No. 10 & 12 are resident of I.T.I. Bajra, Itki Road, Near Jyegasia Gas Agency, P.O.-Hehal, P.S.- Sukhdeonagar, District-Ranchi-834005. 13. Anant Sahu, Son of not known, Resident of Anant Dance Academy, Branch Office M- 13/12, -1- Basement, T.L.A. Phase-2, Gurgaon, P.O. & P.S. Gurgaon, Dist.- Gurgaon, New Delhi, Head Office at -R.C. Sahu Complex, Shop No. 400, 4th Floor, Hinoo Ranchi, P.O.-Hinoo, P.S. Doranda, Dist.- Ranchi, Jharkhand. 14. Sandeep Istawal, Son of not known, Resident of Patparganj, Near National Victor School, P.O. & P.S. New Delhi, Dist. New Delhi. with W.P.(Cr.) No. 696 of 2024 ..... … Respondents Subhash Kumar Singh, aged about 45 years, S/o Late Jagnarayan Singh, Resident of H.no. 31. Urmila Niwan, Mansarovar Enclave, Near MECL, Hatia, Tupudana, P.O.- Hatia, P.S. Tupudana, District- Ranchi (Jharkhand). ..... … Petitioner Versus 1. The State of Jharkhand. 2. Jyoti Singh alias Jyoti Tiwari (Ex-wife of Petitioner), D/o S.N. Tiwary Respondent No. 2 Permanent address located at H.No. 31, Urmila Nivas, Mansarovar Enclave, Near MECL, Hatia, Tupudana, P.O.- Hatia, Tupudana, Ranchi, Jharkhand PIN: 834003 and also she has many addresses in Delhi because she lives in so many places, her false address is C- 3/3, Mangla Apartment, Patparganj, I.P. Extension, East Delhi, P.S.: Madhu Vihar P.O.: IP Extension, Delhi PIN- 110092 and her present address is F-304, Mayur Dhwaj, I.P. Extension, Patparganj, Opp. Mangla Apartment, P.S.: Madhu Vihar P.O.: IP Extension, New Delhi PIN:110092. 3. Jaidev Gupta (Founder Director of K.R. Mangalam World School) S/o Not Known 4. Kapil Dev Gupta, S/o Not Known 5. Braham Dev Gupta, S/o Not Known 6. Inder Dev Gupta, S/o Not Known 7. SahDev Gupta, S/o Not Known 8. Yash Dev Gupta S/o Not Known Respondent Nos. 3 to 8 are the Directors of K.R. Mangalam World Education & Technology or Owner of school and their office addresses at 842, Ward-6, Mehrauli, P.O.: Mehrauli P.S.: Mehrauli New Delhi, India. PIN: 110030. 9. Seema Behl, D/o Not Known. -2- 10. Shiksha Panwar, D/o Not Known 11. Mantu Kumar, S/o Not Known 12. Gaurav Kumar, S/o Not Known 13. Lata Kumari, D/o Not known 14. Parul Kumari D/o Nnot known Respondent Nos. 9 to 14 are the Principal, Co- ordinator and other school staff and their office addresses at Sector-6, Plot No.11, Emerald Court 2 Rd., Near Arogya Hospital, Sector-7, Vaishali Extension, Ramprastha Greens, Vaishall. P.O.- Ramprastha, Vaishali P.S.: Vaishali Ghaziabad, Uttar Pradesh. PIN: 201012. 15. Indrapal Singh (Sub-Inspector Boyfriend of Jyoti) S/o Not Known Respondent No. 15 was Located in Madhu Vihar Police Station, Mother Dairy Marg, Vinod Nagar, I.P.Extention, Patparganj, P.S.: Madhu Vihar P.O.: IP Extention, New Delhi, Delhi. PIN:110092. -------- ..... … Respondents
Legal Reasoning
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner For the State ------ : : : : : ------ 09/ 06.12.2024 Learned counsel appearing for the petitioner submits that Mrs. Anjali Kumari, Advocate. Mr. Deepankar, A.C. to G.A.-III. Mrs. Shweta Shukla, A.C. to A.A.G.-II. In person [in W.P.(Cr.) No. 58 of 2023] In person [in W.P.(Cr.) No. 696 of 2024] For the Resp. No. 8 For the Resp. No. 2 she will delete para Nos. 9 and 10 of W.P.(Cr.) No. 696 of 2024 in course of the day. 2. 3. Let her do so. With the consent of the parties, both these writ petitions are being heard together. 4. The petitioner is the ex-husband of respondent No. 8 in W.P.(Cr.) No. 58 of 2023 and respondent No. 2 in W.P.(Cr.) No. 696 of 2024 and divorce has been taken place by the order dated 01.03.2024 of the learned Principal Judge, Family Court, Shahadara District, Karkardooma Courts, Delhi in H.M.A. No. 863 of 2021. 5. The respondent No. 8 in W.P.(Cr.) No. 58 of 2023 and respondent No. 2 in W.P.(Cr.) No. 696 of 2024, who is appearing in person submits that she has lodged a case under Section 13(1)(i)(a) and (i)(b) of the Hindu Marriage Act, 1955 before the learned Principal -3- Judge, Family Court, Shahadara District, Karkardooma Courts, Delhi, which was registered as HMA No. 431 of 2021 and the said case was decreed in favour of her by the judgment dated 01.03.2024, by way of Annexure-8 and the said divorce was granted on the point of cruelty and desertion. She submits that she has filed a case under the Domestic Violence Act, 2005 and an FIR No. 0133/2021 under Sections 34, 506, 406, 323 and 498-A of the Indian Penal Code has been registered at Madhu Vihar Police Station, Delhi. She further submits that the petitioner is in habit of violating the orders and for that two contempt petitions, being Contempt Petition (C) No. 463 of 2019 and Contempt Case (C) No. 467 of 2019 were made before the Delhi High Court for non-compliance of the order of the Delhi High Court Mediation Centre as well as the order of the Division Bench of the Delhi High Court. She then submits that the W.P.(Cr.) No. 58 of 2023 has been filed copying the contents of the complaint case No. 6016 of 2022, which was quashed by a co-ordinate Bench of this court in Cr.M.P. No. 1155 of 2023 by the order dated 24.07.2023. She submits that the custody of the child has been provided to her by a competent court and pursuant to that the child is residing with her and he is studying in a school at Vaishali in the district of Ghaziabad (Uttar Pradesh). She further submits that so far as next case being W.P.(Cr.) No. 696 of 2024 is concerned, that is also frivolously filed on the false allegation of the torture made on the child by her. She then submits that in that case, the court has been pleased to issue notice even upon the school authorities and when it has come to her knowledge, she has appeared and filed an I.A., which was considered by this court by order dated 30.09.2024 and pursuant to that notice earlier issued was restricted to be sent to the school authorities. She submits that on that day, the court has interacted with the child through V.C. and the child has stated before the court that he is safe with his mother and he is studying in Class-XI in K.R. Mangalam World School, Vaishali at Ghaziabad (Uttar Pradesh). On the above backgrounds, she submits that frivolously, these two writ petitions have been filed by her ex-husband against the respondent No. 8 in W.P.(Cr.) No. 58 of 2023 and respondent No. 2 in W.P.(Cr.) No. 696 of 2024. -4- 6. In view of the above, at this stage, learned counsel appearing for the petitioner in both these cases, on instruction of her client, seeks permission to withdraw both these writ petitions. 7. Learned counsel appearing for the State and the respondent No. 8 in W.P.(Cr.) No. 58 of 2023 and respondent No. 2 in W.P.(Cr.) No. 696 of 2024, who is appearing in person have got no objection. 8. 9. Permission is accorded. As such, both these writ petitions are dismissed. Pending I.A., if any, stands dismissed. 10. On the repeated requests made by the learned counsel appearing for the petitioner in both the cases, the cost is not being imposed upon the petitioner. Amitesh/- (Sanjay Kumar Dwivedi, J.) -5-