Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3264 of 2018 Petitioner :- Laltesh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Preet Pal Singh Rathore Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
The present habeas corpus writ petition has been filed by corpus Laltesh through her husband Updesh Kumar and at present she is detained at Children Welfare Committee, Newada, Budaun/ Nari Niketan- respondent no.3; As per medical report, the age of corpus is 18 years; even as per statement recorded under Section 164 Cr. P.C., the age of corpus is 20 years, copies of which have been annexed at page 35 and 37 to the writ petition, as such, prima facie, a case for grant of indulgence is made out.
Heard learned counsel for the petitioner and learned A.G.A. for the State Admit.
Learned AGA has accepted notices on behalf of respondent nos. 1 to 3.
Issue notice to respondent no. 4. Steps within a week.
List on 28.06.2018 before appropriate Court.
The contention of the learned counsel for the petitioner is that as per medical examination report, the girl is 18 years of age and as such she cannot be detained at Nari Niketan any more.
In view of the above, a case for grant of indulgence has been made out.
Issue notice to respondent no. 4.,The notice will clearly reflect the next date fixed in the matter is 28.06.2018, on which date respondent no. 4 shall be personally present before this Court. The notice shall also specify that on the said date, the matter shall be heard and decided finally.
It has been informed that corpus- Laltesh presently lodged at Children Welfare Committee, Newada, Budaun/ Nari Niketan- respondent no.3.
In view of the averments as made in the habeas corpus petition, the learned AGA is directed to ensure the presence of corpus- Laltesh, before this Court on the next date of listing i.e. 28.06.2018.
Let a copy of the order be communicated to the office of Government Advocate today.
Order Date :- 30.5.2018 T.S.