Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 407 of 2019 Petitioner :- Jai Narayan Kesarwani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Pratap Singh Counsel for Respondent :- G.A.,Mohd. Abrar Khan
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the parties and learned A.G.A. for the State and perused the record.
By an order dated 19.4.2019, learned A.G.A. was directed to seek instructions from respondent no.3, SHO, P.S. Saini, District Kaushambi. Progress report/affidavit of SI Hanuman Pratap Singh presently posted as Chauki Incharge, Ajhuwa, P.S. Saini, District Kaushambi has been filed today, which is taken on record. It is stated that the corpus herself had appeared at Police Chauki, Ajhuwa and produced her marriage certificate issued by Arya Samaj Temple, Krishna Nagar, Prayagraj. She had also produced marriage registration application whose copy has been annexed as Annexure-CA-1 to the affidavit.
Though, the respondent no.4 was not directed to produce the corpus before the Court, however, the respondent no.4 has produced the petitioner no.2- Anamika Kesarwani (corpus) before the Court today who has been duly identified by learned counsel for the parties. Learned counsel for the parties have submitted that without entering into factual controversy, the Court may proceed to record the statement of the corpus and decide the present writ petition accordingly.
On being questioned, the corpus has stated that she is aged about 27 years and out of her own free-will voluntarily she solemnized marriage with respondent no.4 and is leading a happy married life at her matrimonial home. She is not under any illegal detention or captivity of respondent no.4.
In view of the categorical statement of the corpus, the present habeas corpus writ petition is bereft of merits and the same is, accordingly, dismissed. The signature of the corpus is being taken on the order-sheet.
Order Date :- 30.4.2019 Vikas