Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 591 of 2019
Petitioner :- Km. Priya
Respondent :- State Of U.P. And 8 Others
Counsel for Petitioner :- Manoj Kumar Singh, P.K. Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri M.K. Singh, learned counsel for the petitioner, Ms. Archana Singh, learned A.G.A. for the State and perused the record.
The present habeas corpus petition has been filed for issuance of a direction to respondents to produce the corpus, i.e. Km. Priya before this Court and hand over her custody in favour of her father.
Learned counsel for the petitioner states that an FIR has been registered on 11.05.2019 against respondent no.4 along with three other accused persons as Case Crime No.90 of 2019, under Sections 363, 366 I.P.C., Police Station Shivrajpur, District Kanpur Nagar. They have challenged the said FIR in Crl. Misc. Writ Petition No.13765 of 2019 in which the petitioners (in that case) were directed to appear and surrenders before the court below within two months from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of two months from today or till petitioners surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, they do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.However, in case the other girl namely Priya is recovered within a period of two months from today, the petitioners need not apply for bail, and they may file an application before this Court, for recall of this order.
The present habeas corpus petition has been filed through her natural guardian, who is his father for production of the corpus before this court who is in illegal custody of respondents no.4 to 9, but there appears to be an FIR which has been lodged against the accused persons, i.e. respondent no.4 to 9 and some of them have approached this Court by filing Crl. Misc. Writ Petition No.13765 of 2019 and interim protection has been granted. Therefore, it would be appropriate for the petitioner to approach writ court by moving an application for recovery of the girl.
With the aforesaid observation, this petition stands disposed of.
Order Date :- 14.6.2019 Anand Sri./-