The plea contended that an Unnao court, despite knowing that the trial in gang rape case happened in Delhi and her anticipatory bail plea is pending before the Allahabad High Court, issued a non-bailable warrant (NBW) against her.
The said warrant was issued based on a complaint filed in 2018 by the father of one of the accused, Shubham Singh.
The complaint alleged that the survivor had forged a proof of age document provided to the police.
A Sessions Court had rejected an application for quashing the complaint.
The same court has also not decided the application moved by her seeking cancellation/withdrawal of the warrant, it was pointed out.
The plea before the top court has, therefore, also sought an ex-parte interim stay on the NBW.
The plea said that despite the juvenility of the survivor having already been decided by the trial court in Delhi which convicted prime accused, former BJP MLA Kuldeep Singh Sengar, the Unnao court is seeking her presence in the case against her.
This is leaving her vulnerable to grave and real threat to her life, the plea alleged.
“A bare perusal of the chronology of events leads to the irresistible conclusion that the case before the ACJM-03 is being pursued with the oblique motive to intimidate, silence and harass the Petitioner, and abuse the criminal justice process to drag the Petitioner out of New Delhi and bring her to Unnao – where she will not only be at very grave risk of harm and injury, but also be tormented by the memory of being repeatedly raped; and where her father was mercilessly murdered. These coercive circumstances are engineered so that the criminal trial against Shubham Singh is derailed, where the Petitioner is yet to be cross examined,” the plea said.
The lower court has now initiated proceedings to declare the survivor a proclaimed offender as she has not been able to depose before it, the petition added.
The case may therefore be transferred to Delhi to “prevent the judicial process from becoming an instrument of oppression and harassment,” the plea prayed.
Source: Barandbench
