Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 466 of 2019 Petitioner :- Smt. Anjali Pandey And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ajay Dubey, learned counsel for the petitioners, Sri Deepak Mishra, learned AGA for the State and perused the material on record.
By means of this Habeas Corpus Writ Petition, petitioners have prayed for issuance of a writ, order or direction in the nature of habeas corpus by directing the respondents to produce the corpus/detenue Smt Anjali Pandey (Petitioner No. 1) before this Court to set her liberty on her will and wishes preferably in the custody of her husband the petitioner no. 2 Shubham Patel.
Office report dated 7.6.2019, discloses that notice issued to respondent no. 5 has been served personally but no one has appeared on behalf of respondent no. 5, nor he has appeared personally and the matter has been called in the revised call.
The corpus Smt Anjali Pandey, petitioner no. 1, in compliance of the earlier order of this court dated 6.5.2019, is present before the court in police custody. On query being made from her, she has stated before the Court that she wants to go with her husband-petitioner no. 2 namely Shubham Patel son of Raghuveer Patel, with whom she is alleged to have entered into marriage out of her own free will being major.
Perusal of the statement of the corpus said to have been recorded under Section 164 Cr.P.C. would disclose that she has left her parents home on her own sweet will and has not deposed any thing against the petitioner no. 2. Moreover, learned AGA has produced the copy of the medical examination report of the corpus dated 21.5.2019 in a sealed over, which has been taken on record and opened in the court, which would also reflect that the corpus is found to be major (18 years).
It is further submitted by learned counsel for the petitioners that pursuant to the FIR which has been lodged against the petitioner no. 2 and other co accused persons, petitioner no. 2 has already been granted bail by competent court in Case Crime No. 0769 of 2017, under Sections 120-B, 376 IPC and Section 3/4 of POCSO Act, P. S. Naubasta, District Kanpur Nagar.
In view of above, it is apparent that the corpus Smt Anjali Pandey and petitioner no. 2- the deponent (husband) are major and are free to enter into matrimony of their own free will. This Court has nothing more to do except to set her at liberty to go wherever she wants to go as she has emphatically stated before the court that she wants to go with the deponent/ her husband.
Considering the facts and circumstances of the case, and keeping in view the fact that the corpus is major, it is directed that the corpus shall be taken back to the concerned Nari Niketan from where she shall be released forthwith in accordance with law.
With aforesaid observation, the Habeas Corpus Writ Petition is disposed off finally.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 10.6.2019 RavindraKSingh