Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3657 of 2018 Petitioner :- Himanshi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
We have heard counsel for the petitioner and learned A.G.A. appearing for the State.
The writ petition has been filed by corpus Himanshi through her husband Ankur Kumar seeking release of the corpus Himanshi detained in Respondent No.5. We have also perused the earlier orders passed by this Court dated 8.10.2018 as well as 30.10.2018. From perusal of the order dated 30.10.2018 it appears that the corpus had appeared before the Court and she had also given a statement before this Court. However, no substantial order was passed on earlier occasion in view of the facts that notices were not served upon Respondent No.6.
As per present office report, notices have been duly served upon Respondent No.6 through his own. However, none is present on behalf of Respondent No.6. The counsel for the petitioner contends that as per certificate issued by the Chief Medical Officer the age of the girl is 20 years. The copy of the certificate has been annexed as Annexure-2 to this Haveas Corpus Writ Petition. Reliance has been placed on the statement made by the girl under Section 164 Cr.P.C. Copy of the statement annexed as Annexure No.3 to this Haveas Corpus Petition, contents of which are self explicit.
Keeping in view the law laid down by the Division Bench of this Court (Lucknow Bench) rendered in the case of Vishal Jaiswal and another Vs. State of U.P. and others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Praveen and another Vs. State of U.P. and others passed in writ petition No. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh Vs. State of U.P. and another, reported in 2011 (6) SCC 396 (2014) and Shakti Vahini Vs. Union of India passed in writ petition (civil) No. 231 of 2010 and Suhani and another Vs. State of U.P and others passed in civil appeal no. 4532 of 2018 decided on 26.4.2018 a case for grant of indulgence has been made out.
Keeping in view the judgment of other Bench of this Court and looking to the age of the girl, no purpose would be served keeping her detained at the shelter home, Nari Niketan, accordingly it is directed that the corpus Himanshi presently detained in Respondent No.5 shall be released forthwith as soon as copy of this order is served upon Respondent No.5 until and unless she is wanted in some other cases.
Order Date :- 26.11.2018 Manish Tripathi