Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 420 of 2019 Petitioner :- Smt. Jyoti Rajpoot Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri Jitendra Kumar Mishra for the petitioner and AGA for the respondents.
Detenu, Jyoti Rajpoot has been produced before this Court from Nari Niketan, Etawah by Head Constable 280 Kanchan Lal and Lady Constable Kusma Devi. Detenue states that she has voluntarily married to Ranjeet Yadav and out of the wedlock a child is also in her lap. She further states that she is willing to go with Ranjeet Yadav, her husband.
Ranjeet Yadav is also present before this Court and he is ready to take custody of his wife Jyoti Rajpoot.
According to medical examination report, age of detenu, Jyoti Rajpoot has been determined as above 18 years.
In such circumstances, we hold that detenu, Jyoti Rajpoot cannot be detained in Nari Niketan, Etawah against her wishes and she is entitled to go whereever she desires.
Hence, the habeas corpus writ petition succeeds and is accordingly allowed.
The detenu, Jyoti Rajpoot is set at liberty forthwith.
Order Date :- 29.5.2019 Rahul Dwivedi/-