Woman files FIR against her husband for committing rape, fraud, cheating, assault, torture and trying to poison her
Smti Moyi Nyori Vs State of Arunachal Pradesh & ors [WP(C) No. 01(AP) 2017] In the Gauhati High Court, Permanent Branch Itanagar
Smti Moyi Nyori Vs State of Arunachal Pradesh, have filed for the issuance of writ of mandamus directing the respondents authority to register the first information report (FIR) against Shri Narender Singh and his brother Shri Niraj Singh @ Chaudari for committing rape, fraud, cheating, assault, torture and attempt to life of the petitioner.
The petitioner was lured away from home on the promise of marriage by one Narender Singh who works for the Indian Army. She was raped, Exploited sexually by Narender Singh, his brother, his friends and his family members mentally harassed and even attempts were made at her life on several occasions. The accused attempted to kill her on several occasions and most recently on 3rd December 2016. An attempt was made to take her life by mixing rat poison in her drink and upon the failure to kill or harm her in anyway; the accused threatened her of grave consequences if she revealed the incident to anyone else. The petitioner and her child were rescued by the NGO and good Samaritans involved with it on 8th December 2016 and reached Itanagar.
The petitioner tried to lodged FIR at women police Station Itanagar, however police have refused to register FIR till today on the ground that Itanagar police have no jurisdiction over the case and hence this writ petition.
The petitioner Smti Moyi Nyori under Wp(c) 01 (AP) 2017 Writ petition has raised the grievance that although the ejahar dated 13.12.2016 has been filed by the petitioner before the officer-in-charge of itanagar women police station but the same had not been registered by the police.
Learned Addl. P.P., Arunachal Pradesh, makes a submission that the alleged offence had taken place outside the state of Arunachal Pradesh and therefore, the Itanagar women police station may not have the jurisdiction to entertain the ejahar. But from the reading of the ejahar, it can be seen that the commission of the offence started in the state of arunachal Pradesh although the subsequent allegation may have taken place outside the state of Arunachal Pradesh.
Therefore, the court is the view that a part of the cause of action of the ejahar had occurred in the state of arunachal Pradesh itself.
In this regard, the law has already been settled by the Apex court in the case of oil and natural gas commission Vs utpal Kumar basu and ors., reported in (1994) 4 SCC 711, wherein, in paragraph no.5. it has been held that in order to assume jurisdiction, it must be shown that at least, a part of the action had arisen within the territorial jurisdiction.
In such view of the matter, as the allegation, in the present case, that the accused came to Itanagar and lured the petitioner, to his native village, goes to show that the cause of action in respect of allegations as made in the ejahar, had originated and started in the state of arunachal Pradesh. Hence this court is of the view that the Itanagar women police station shall register the ejahar, in question, and proceed accordingly, as per law.
In the event, after making necessary investigation, the police is still of the view that none of the cause of action had taken place within the jurisdiction of Itanagar women police station, the police would be at liberty to submit any report, as many be deemed appropriate.
With the above direction, the instant petition stands disposed of, at the motion stage itself.
The Moyi Nyori is from the permanent resident of Rilu village, west siang district of Arunachal Pradesh. She is a bona fide citizen of India having domicile of the state of Arunachal Pradesh and as such to all the constitution of India and the law from time being in force.
She ran away with Narender Singh who works for the Indian army, given her fault promises and lured away from home. Coming from small background family she didn’t have the idea about outside world, therefore she was easy target to get trap on his cage. He made a fault promise to get married with made her and after reaching his village on the pretext of excuses he kept prolonging the marriage which he promised to her. However they remained to be in a live in relationship and as a result she gave birth to a baby boy (karan). During her stay with the accused Narander singh (14th august 2008 till 8th dec 2016) she was sexually exploited and raped her. She was also exploited by his family members too and also in several time attempts were made to take her life.
On 3rd December 2016 an attempt was made to kill her by giving a drink containing rat poison. However, the rat poison mixed in the drink couldn’t harm her but she was warned not tell anybody, if she does he will kill her on the spot. Many a time she complain him on army headquarter but nothing help could be found. So she called up her sister in Arunachal Pradesh for help and she gave her contacts of NGO’ s in Delhi and was rescued by one of the NGO located in Ahmednagar, Maharashtra on 8th dec 2016. On 12 dec 2016 she reached Itanagar safely and filed FIR against her husband.
Slideshow - Related Post
22/10/2017Case of domestic abuse
13/05/2016Case of Domestic Violence in Itanagar