Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 298 of 2019 Petitioner :- Gudiya @ Japani Gudiya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri K.K. Singh for the petitioners, Sri Ajay Kumar Pandey for respondent-4 and A.G.A. for the State of U.P.
Gudiya @ Japani Gudiya (petitioner-1) has been produced from Western Shelter Home(Organization) Jaitpura, district Varanasi by SI Ram Pyare Verma (P.No.812031201), HC Shesh Kumar Rai (P.No.87275926) Woman Constable Janaki Kanaujiya (P. No.182190285).
Gudiya @ Japani Gudiya(petitioner-1) states that she has voluntarily married with Chandan, who is in jail. She wants to go with Sriram father of Chandan(petitioner-2). In her statement under Section 164 Cr.P.C. she has stated that she had voluntarily married with Chandan and in the order dated 2.3.2019 her age has been determined as seventeen and a half years.
In view of the statement of Gudiya @ Japani Gudiya (petitioner-1) this habeas corpus writ petition is allowed. Gudiya @ Japani Gudiya (petitioner-1) is set at liberty forthwith and is permitted to go with Sriram, father of Chandan (petitioner-2).
Order Date :- 29.4.2019 mt