Court No. - 49 Case :- HABEAS CORPUS WRIT PETITION No. - 510 of 2021 Petitioner :- Km. Radha Gupta (Minor) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vivek Agarwal,J.
Sri Narendra Kumar Pandey, learned counsel for petitioners and Sri Janardan Prakash, learned AGA for the State are present.
Learned counsel for petitioners after arguing for sometime on Writ of Habeas Corpus seeking custody of his sister-Km. Radha Gupta alleged to be a minor, in regard to whom, FIR was lodged, registering Case Crime No. 0160 of 2021 at Police Station-Meja, District-Prayagraj under Sections 363, 366 IPC on 03.04.2021, when informed by learned AGA that as per the scholars register and transfer certificate, issued from Pt. J. L. N. Inter College, Jewaniya, Meja, Allahabad, the date of birth of Km. Radha Gupta is mentioned as 28.07.2001 and as per her statements under Section 164 Cr.P.C., she has clearly mentioned that she has a liking for respondent no. 4-Sonu Gupta S/o Mangala Prasad and she wanted to marry him, but her family members were not ready for such marriage, therefore, she ran away from her house and they had gone to Ramnagar where they had performed marriage.
In view of such statements given by so called victim under Section 164 Cr.P.C., police filed a final report on 11.06.2021, in which, it is mentioned that case under Section 366 IPC, is not proved and therefore, requested the court below to accept the final report and close the proceedings.
Learned AGA submits that victim had refused to undergo medical examination on her own and had given a note under her own signatures before the Incharge, Medical Officer, C.H.C. Meja/Ramnagar. It is submitted that despite having knowledge of filing of the final report, exonerating the so called accused, cleverly and suppressing this fact, a petition seeking Writ of Habeas Corpus was filed on 19.07.2021.
When confronted with so many suppression and deliberate omissions on the part of the petitioner and facing inevident future of imposition of heavy cost, learned counsel for petitioner prays for withdrawal of the petition.
Accordingly, same is dismissed as withdrawn.
Order Date :- 29.7.2021/Vikram/-