Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 343 of 2019 Petitioner :- Avinash Kumar @ Dabloo And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Kumar Tripathi,Narendra Deo Shukla Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Sapna, petitioner no. 2 has been produced before the Court from Rajkiya Bal Sanrakshan Grih, Ballia by Head Constable Bachau Yadav, P.N.O. No.982190254, Lady Constable Annu Yadav, P.N.O. No. 182094372 and Lady Constable Kavita Chauhan, P.N.O. No. 182094415, Police Lines, Ballia.
In her High School Mark-sheet, her date of birth has been mentioned as 24.11.2001, while in the medical examination report dated 19.03.2019, her age has been determined about 18 years.
She states that she has voluntarily married to Avinash Kumar @ Dabloo and wants to go with him. Avinash Kumar @ Dabloo, petitioner no. 1 is also present in the Court.
The Division Benches of this Court in the cases of Smt. Kalyani Chowdhary Vs. State of U.P., reported in 1978 Cr.L.J. 1003 (D.B.), Pushpa Devi Vs. State of U.P. and others, reported in 1994 HVVD(All) C.R. Vol II Page 259, Smt. Raj Kumar Vs. Superintendent, Women Protection, Meerut and others, reported in 1997 (2) A.W.C. 720 and in Habeas Corpus Writ Petition No. 127 of 2019, Sapna (Corpus) Vs. State of U.P. and 4 others decided on 26.02.2019. In these cases, the Court has held that even a minor can not be detained in Nari Niketan against her wishes.
In view of the statement made by Sapna, petitioner no. 1, this habeas corpus writ petition is allowed and Sapna is set at liberty forthwith and is permitted to go along with Avinash Kumar @ Dabloo, petitioner no. 1.
Order Date :- 30.4.2019 /Nadim