Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 2788 of 2018
Petitioner :- Smt. Komal @ Priya And Anr.
Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Amar Jeet Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
As per the Office report dated 27.2.2018, notice issued to respondent no. 5 has been served personally but no one has appeared on behalf of respondent no. 5 even in the revised reading of the list.
Heard Sri A.J. Upadhyay, learned counsel for the petitioner 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. 4 to produce the corpus-petitioner no. 1 before this Court and release her after recording the statement for going anywhere according to her wishes.
Learned counsel for the petitioners submits that as per the medical report the petitioner is a major girl aged about 19 years and in her statement recorded under section 164 Cr.P.C. she has stated that she has voluntarily gone with petitioner no. 2, who has already got himself bailed out from the competent court but the learned Magistrate taking into account the petitioner to be minor sent her to Nari Niketan. He submits that even though the victim was taken to be minor by the Magistrate, she cannot be allowed to 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.
In compliance of this Court's order dated 19.1.2.018, the corpus-petitioner no. 1 Km. Komal @ Priya has been produced by respondent no. 4 before this Court on 13.2.2018 and on a query being made, she has stated that she wants to go with her husband petitioner no. 2- Rakesh Kumar.
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, she voluntarily gone with petitioner no. 2 Rakesh Kumar and in view of the law laid by the Apex Court as well as this Court in the case of Smt. Parvati Devi (Supra) and Smt. Renu Maurya (Supra), the corpus- petitioner is set at liberty to go in accordance with her own wishes. The impugned order dated 24.11.2016 passed by court below sending the corpus-petitioner in Nari Niketan is hereby set aside.
The respondent no. 4 is directed to set at liberty the corpus-petitioner Smt. Komal @ Priya 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