Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 2439 of 2018
Petitioner :- Kajal And Anr.
Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Saurabh Trivedi,Pradeep Kumar Rai
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Saurabh Trivedi, learned counsel for the petitioners, Sri S.K. Pandey, learned counsel for respondent no. 4 and Sri Vikas Sahai, learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to direct the respondent no. 5 to produce the corpus-petitioner before this Court and release her after recording the statement for going anywhere according to her wishes.
Learned counsel for the petitioners submits that petitioner no. 2 has already got himself bailed out by the competent court. He submit the victim-petitioner no. 1 though as per the medical report is a minor girl aged about 17 years and as per the F.I.R. 15 years, she cannot be kept in Nari Niketan against her wishes. In support of his arguments, he has further placed reliance on the judgment of the Apex Court as well as this Court in the case of Smt. Parvati Devi vs. State of U.P. reported in 1992 All. Crl. Cases 323 and Smt. Renu Maurya and another vs. State of U.P. and another reported in 2014 (86) ACC 128. The corpus-petitioner no. 1 in statement recorded under section 164 Cr.P.C. has refused to go with her parents and expressed her desire to go with petitioner no. 2 her alleged husband.
Considering the submissions advanced by learned counsel for the parties and taking into account the fact that as per the statement of the corpus- petitioner no. 1, she voluntarily gone with petitioner no. 2 Sonu and in view of the law laid by the Apex Court as well as this Court in the case of Smt. Parvati Devi (Supra), Smt. Renu Maurya (Supra) and S. Varadarajan Vs. State of Madras (Supra), the corpus-petitioner is set at liberty to go in accordance with her own wishes. The impugned order dated 6.10.2017 passed by court below sending the corpus-petitioner in Nari Niketan is hereby set aside.
The respondent no. 5 is directed to set at liberty the corpus-petitioner no. 1 Smt. Kajal to go according to her own wishes.
Accordingly, the present petition is allowed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 28.2.2018 Shiraz