Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 678 of 2020 Petitioner :- Smt. Hema Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Janardan Yadav, learned counsel for the petitioner, Sri Sanjay Sharma, learned Additional Government Advocate appearing for the State-respondents and Sri Abhishek Tiwari, learned counsel who has put in appearance on behalf of respondent no.4 i.e. the father of the corpus.
The present writ petition has been filed on behalf of the detenue through one Manish Chauhan. The aforementioned Manish Chauhan claims to have married the detenue. However, there is no document on record which may inspire confidence with regard to the factum of marriage.
Pursuant to the rule nisi issued earlier by this Court, the corpus has been brought before this Court today by Sri Mithilesh Kumar, S.I. at P.S. Sidhari, District Azamgarh and Ms. Vandana Shukla, Lady Constable at P.S. Sidhari, District Azamgarh from her parental home, who have identified the corpus.
Learned AGA on the basis of inquiry made from the corpus who is present in Court today, submits that she has stated her date of birth to be 11.09.2005 and has clearly stated that she wants to go back to her parental home alongwith respondent no.4 i.e. her father. She has also stated that she is living at her parental home on her own free will and without any threat or coercion.
Upon a consideration of the stand taken by the detenue, it is evident that she is not in any kind of illegal confinement and that she is staying with the respondent no. 4, her father on her own free will.
Having regard to the aforesaid, there is no reason to make the rule nisi absolute. It is accordingly discharged.
The writ petition stands dismissed.
The corpus, Hema Yadav, is free to go alongwith the respondent no.4 i.e. her father, where she will be escorted in safety, but free, by the police.
Order Date :- 6.1.2021 Shahroz (Dr. Y.K. Srivastava,J.)