Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3937 of 2018 Petitioner :- Deepak Alias Deepu And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Priya Ranjan Rai Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
We have perused the office report dated 20.12.2018, as per which the service of notice upon respondent no. 5 is deemed to be sufficient.
It has been informed that in compliance of the order of this Court dated 30.11.2018, petitioner no. 2 - St. Mamta has been produced before this Court in police custoy.
Corpus Smt. Mamta - petitioner no. 2 has identified petitioner no. 1 - Deepak as her husband, who in turn identified petitioner no. 2 as his wife.
Learned counsel for the petitioners has identified both the petitioners on the basis of document produced before him in his chamber.
Before we proceed to examine the corpus, we have gone through the record which shows that girl is aged about 18 years as per the medical certificate, thus, corpus is an adult. We have also perused the statement of the girl recorded under section 164 Cr.P.C., contents of which are self explicit.
Now the Court proceed to examine the Corpus.
The Court has examined corpus Smt. Mamta - petitioner no. 2, who has made a statement before this Court that her age is 18 years. She further made a statement before this Court that "meri farji marksheet mere ma baap ne nichli court me lagayi hai. Corpus also informed the Court that she has married with petitioner no. 1, who is present before this Court today. She further informed the Court that she married with petitioner no. 1 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. Corpus has made a statement before this Court that though she has been brought to this Court today by aforementioned two police constables, but now she wants to go back with her husband Deepak, who is present before this Court today.
In view of the categorical statement made by corpus Mamta - petitioner no. 2 before this Court today, the Court has been left with no option but to allow the petition and release the corpus in favour of petitioner no. 1.
Accordingly, the writ petition is allowed. The corpus Mamta - petitioner no. 2 is set at liberty forthwith and she is permitted to go with petitioner no. 1, as per her desire expressed above, wherever she wants to go. It is made clear that no hindrance will be caused in this regard and corpus is free to move from this Court along with her husband i.e. petitioner no. 1.
Order Date :- 21.12.2018 Kuldeep