Court No. - 2
Case :- HABEAS CORPUS WRIT PETITION No. - 593 of 2019 Petitioner :- Abhishek And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anurudh Kumar Prajapati,Anand Priya Singh Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Anurudh Kumar Prajapati, learned counsel for the petitioners, Sri Vimal Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of habeas corpus to set aside the order dated 03.11.2018 passed by Committe of Bal Kalyan Samiti, Etah, District- Etah and direct to release the corpus/ petitioner no.2 in favour of petitioner no.1.
It is argued by learned counsel for the petitioners that the radiological age of the petitioner no.1 is between 17 and 18 years which is annexed at page- 40 of the petition and therefore she should be released in favour of the petitioner no.1 with whom she has married. It has also been stated by her in her statement recorded under section 164 Cr.P.C. which has been annexed as Annexure no.4.
Learned A.G.A. has opposed the aforesaid prayer.
We are not inclined to grant the relief as has been requested by the petitioner and it is directed that petitioner no.2 would be at liberty to move an application before the concerned Magistrate to get herself freed from the detention in Nari Niketan by moving an application before the concerned Court.
This writ petition stands disposed of with a direction that if any such application is moved by petitioner no.2, the same shall be disposed of in accordance with law by the learned Magistrate.
With the aforesaid observations the writ petition stands disposed of.
Order Date :- 14.6.2019 shiv (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)