Court No. - 65
Case :- HABEAS CORPUS WRIT PETITION No. - 1040 of 2019 Petitioner :- Babita And Another Respondent :- Senior Superitendent Of Police And 2 Others Counsel for Petitioner :- Rajiv Shukla,Vandana Shukla Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Vakalatnama filed by Sri Rajesh Pachauri, learned counsel on behalf of respondent nos. 2 and 3 is taken on record.
Counter affidavit filed by Sri Rajesh Pachauri, learned counsel on behalf of respondent no. 2, is taken on record.
Heard Sri Rajiv Shukla, learned counsel on behalf of petitioners, Sri Rajesh Pachauri, learned counsel on behalf of respondent nos. 2 & 3 and Sri Abhinav Prasad, learned AGA on behalf of State.
The present habeas corpus writ petition has been filed for producing the corpus/petitioner no. 1 namely Babita before this Hon'ble Court who is detained illegally against her will by the respondent Nos. 1 and 3.
Pursuant to order dated 15.11.2019 notice was issued to respondent no. 2 for producing the corpus-Babita and the corpus namley Babita is present before this court and identified by his counsel.
Before proceeding any further with the merits of the case, the Court proceeds to examine the corpus only for the purpose of knowing her desire as to where she wants to go.
On being asked from the corpus Babita as to what is her name, she informs that her name is Babita. On being asked from the corpus as to where she wants to go from this Court, she has informed the Court that she would like to go with her father.
Thus, in view of the statement of the corpus Babita made before this Court by appearing in person, no further adjudication is required in the present habeas corpus writ petition.
Since the corpus Babita has expressed her desire to go with her father namely Sri Amrit Lal, she is free to go with them and no hindrance will be placed in her movement.
Accordingly, the habeas corpus writ petition is dismissed. The corpus being adult is free to go wherever and with whom she wants to go. She is being set at liberty forthwith.
Order Date :- 17.12.2019 Arti