Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3801 of 2018 Petitioner :- Kumari Rukkhsar @ Roshni @ Roshina (Minor) Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atal Bihari Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
In compliance of the order of this Court dated 27.10.2017, corpus Kumari Rukkhsar @ Roshani @ Roshina has been produced before this Court from Prateeksha Rehabilitation Centre for Children in Distress in police custody of SI Rameshwar Singh (972353148), HC Seema Yadav (972320306), HC Santosh Yadav (982762011), all from P.S. GRP, Gorakhpur.
Corpus Kumari Rukkhsar @ Roshani @ Roshina has identified Mohammad Yusuf as her father, who in turn identified the corpus as his daughter.
Learned counsel for the petitioners has identified both the petitioners on the basis of document produced before him in his chamber.
The Court has examined corpus Kumari Rukkhsar @ Roshani @ Roshina, who has made a statement before this Court that mera naam Roshani hai aur mere pita ka naam Mohammad Yusuf hai. She further made a statement that "main apne pita ke saath ghar jana chahti hun, jahan se aaj aayi hun waha nahi jana chahti.
Since father of the corpus is also present before this Court today, the Court, by way of abundant caution, proceed to examine him.
On being asked from the father of the corpus that aapka naam kya hai, he replied mera naam Yusuf hai aur main apni beti ko apne saath apne ghar le jana chahta hu.
In view of the categorical statement made by corpus Kumari Rukkhsar @ Roshani @ Roshina before this Court today, the Court has been left with no option but to allow the petition and release the corpus in favour of her father Mohammad Yusuf.
Accordingly, the writ petition is allowed. The corpus Kumari Rukkhsar @ Roshani @ Roshina is set at liberty forthwith and is permitted her to go with her father, as per her desires expressed above. It is made clear that no hindrance will be caused in this regard and corpus Kumari Rukkhsar @ Roshani @ Roshina is free to move from this Court along with her father.
Order Date :- 30.11.2018 Kuldeep