Court No. - 65
Case :- HABEAS CORPUS WRIT PETITION No. - 964 of 2019 Petitioner :- Kusuma Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anupam Laloriya Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anupam Laloriya., learned counsel for the petitioners and Sri Sanjay Singh, learned A.G.A.-I alongwtih Sri Azad Singh, learned A.G.A. for the State-respondent.
The present habeas corpus writ petition has been filed by petitioner no. 2 father of the corpus - Kusuma Devi for producing her.
On 24.10.2019the following order was passed-
"The present habeas corpus writ petition has been filed by petitioner no. 2 father of the corpus - Kusuma Devi alleging that he had married his daughter- petitioner no. 1 with respondent no. 4 about two and half years ago. The petitioner no. 2 has been informed by the family members that his daughter is not to be found in her matrimonial home; the petitioner no. 2 has also made complaint to the police, however, a very vague report that the petitioner no. 1 was issue-less and she had gone with some BABA and it appears that she had eloped with him, the copy of the report is annexed as annexured-4 to the writ petition; the manner in which the police of P.S. Bahedi have behaved in the present case and submit report which clearly indicates that they have not taken any effective steps to trace out the corpus and has also not taken any effective steps against the respondent no. 4- husband and his family members as they appear to be responsible for disappearance of the corpus- petitioner no. 1.
In the light of the aforesaid, issue notice to respondent no. 4 through C.J.M. Bareilly returnable within four weeks with further direction to produce the petitioner no. 1, Kusuma Devi (corpus) before this Court on 28.11.2019.
List this case on 28.11.2019. The respondent no. 3- S.H.O., P.S. Bahedi, District Bareilly shall also file counter affidavit to the averments made in the writ petition and shall remain present before the Court."
Today, in compliance of the earlier order of this Court dated 24.10.2019, passed by another Bench of this Court the corpus namely Kusuma Devi has been produced today before this Court by respondent no.4 in police custody, who has been duly identified by Sri Anupam Laloriya, learned counsel for the petitioners. Besides her, respondent no.4 namely Vikky and father of the corpus namely Ananda Pal including Baba are also present before this Court.
On being asked the corpus informed that her name is Kusuma Devi and she is major girl.She further informed the Court that she had gone with Baba, out of her own free will and she is living with him.Thus, keeping in view the facts and circumstances of the case i.e. age of the girl/corpus and also keeping in view the statement given before this Court, which has also been endorsed on the order sheet of this Court today, this Court thinks it proper to set the corpus at liberty to go as per her wishes.
The corpus Kusuma Devi, who is present before the Court, is an adult and as such she is free to go wherever she wants to go and with whomsoever she wants to go and no hindrance in her free movement will be made.
In the present case the corpus has expressed her desire to go with Baba, who is also present in the Court.
It is made clear that no hindrance will be caused in this regard and corpus is free to move from this Court along with Baba.
With the aforesaid observations and directions, the instant habeas corpus writ petition is dismissed.
Order Date :- 28.11.2019 IA