Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3924 of 2018 Petitioner :- Smt Babita And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Mohan Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and learned AGA appearing for the State.
The present Habeas Corpus Writ Petition has been on behalf of the corpus Babita through her husband Dharamendra Rajbhar. The contention is that the girl is an adult and is being illegally detained with respondent no.4. As per the medical which has taken place in the year 2016, she was 18 years of age and thus apparently as on date she must be about 20 years of age. She is also having a small child, who is also living at Rajkiya Bal Grih (Balika), District Ballia, the respondent no.4.
Looking to the contention as has been made at the Bar of this Court, a case of grant of indulgence has been made out.
Learned AGA appears of respondent nos. 1 to 4. Issue notice to the respondent no.5.
The notices on respondent no.5 shall be served through Chief Judicial Magistrate, Ballia. In the said notice it will clearly reflect that the case will be heard and disposed of finally on the next date of listing.
List this case on 13.12.2018, by which date all the respondents may file their reply, if any. The corpus Babita, presently detained with the respondent no.4 shall be produced before this Court on the next date of listing. The respondent no.5 will also present before this Court on the next date of listing.
Sri Mohd. Nadeem, learned AGA appearing for the State will ensure compliance of this order and will also ensure the production of the corpus before this Court on the next date of listing.
Let a copy of the order be communicated to the office of the Government Advocate within two days from today.
Order Date :- 28.11.2018 VKG