Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3268 of 2018 Petitioner :- Jyoti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Raj Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
The present habeas corpus writ petition has been filed by corpus Jyoti through her husband Mahendra and at present she is detained at Government Woman Asylum, Mathura/Nari Niketan- respondent no.2.
Heard learned counsel for the petitioners and learned A.G.A. for the State Admit.
Learned AGA has accepted notices on behalf of respondent nos. 1 and 2.
Issue notice to respondent no. 3. Steps within a week.
List on 02.07.2018 before appropriate Court.
The contention of the learned counsel for the petitioners is that as per medical examination report, age of the girl is 17-18 years, as per statement recorded under Section 164, copy of which has been annexed as Annexure-2 to the writ petition, age of the girl is 21 years, she cannot be detained at Nari Niketan any more.
In view of the above, a case for grant of indulgence has been made out.
Issue notice to respondent no. 3. The notice will clearly reflect the next date fixed in the matter is 02.07.2018, on which date respondent no. 3 shall be personally present before this Court. The notice shall also specify that on the said date, the matter shall be heard and decided finally.
It has been informed that corpus- Jyoti presently lodged at Government Woman Asylum, Mathura/Nari Niketan- respondent no.2.
In view of the averments as made in the habeas corpus petition, the learned AGA is directed to ensure the presence of corpus- Jyoti, before this Court on the next date of listing i.e. 02.07.2018.
Let a copy of the order be communicated to the office of Government Advocate today.
Order Date :- 31.5.2018 T.S.