By Arun Pratap Singh
Garhwal Post Bureau
Nainital, 4 Nov: Uttarakhand High Court today dismissed a writ petition filed by Girdhari Lal Sahu alias Pappu Girdhari seeking quashing of an FIR lodged against him at the Kedarpuram/Cantt police station in Dehradun district on the complaint of Cabinet Minister Rekha Arya. With the court refusing to interfere at this stage, the FIR and the ongoing investigation will continue. It may be recalled that earlier, the court had reserved its judgement in this case.
Sahu had approached the High Court challenging the FIR registered against him under Sections 120B, 323, 420, 467, 468, 471, 495, 498A, 504 and 506 of the Indian Penal Code, along with Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Senior counsel appearing for the petitioner argued that the marriage between the two parties had taken place on 6 July, 2004 and that they had lived together for around 22 years. It was contended that the matter has essentially arisen out of a matrimonial dispute but is now being given a criminal colour.
At the same time, in her complaint, Rekha Arya had alleged that at the time of marriage, Sahu had concealed the fact that he was already married and had children. She further alleged that he maintained illicit relationships with other women and subjected her to physical assault, verbal abuse and caste-based insults whenever she objected. The complaint also alleged that Sahu forged signatures and prepared documents to falsely show that she had voluntarily retired from the post of director of a company, despite her not having submitted any resignation.
The complaint further refers to an audio recording in which Sahu is allegedly heard discussing a conspiracy to eliminate her and spend money for that purpose. Citing these allegations, the state counsel and the counsel representing Rekha Arya strongly opposed the petition and also submitted before the court that the petitioner is also not cooperating with the investigation.
After hearing both the sides and examining the record, the Bench comprising Justice Alok Mehra observed that the allegations in the case are not confined to ordinary matrimonial discord. The court noted that the FIR prima facie discloses serious cognisable offences, including physical harassment, forgery of documents, caste-based humiliation and an alleged conspiracy to kill.
The court further observed that the mere existence of a 22-year relationship can’t rule out the possibility of subsequent offences or acts of cruelty. It held that the authenticity and evidentiary value of the audio recording and the allegedly forged documents are the matters to be examined during investigation and trial. Referring to the principles laid down by the Supreme Court in the ‘Bhajan Lal and Neeharika Infrastructure cases’, the High Court said it can’t conduct a mini-trial at the stage of considering a plea for quashing an FIR.
Holding that no grounds exist for interference, the court dismissed the writ petition and declined to quash the FIR. The order comes as a further setback for Girdhari Lal Sahu, against whom a non-bailable warrant has already been issued. Police and SIT teams are stated to be continuing their efforts to trace him. A non-bailable arrest warrant has also been issued against Sahu’s nephew Satendra Rathore in this case. Both of them are at present absconding.
