Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 59107 of 2017 Petitioner :- Smt. Neha And Anr. Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Sunil Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Sunil Kumar Dubey, learned counsel for the petitioners, Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the order dated 2.7.2015 passed by In-charge Ist Addl. Sessions Judge, Baghpat and also directing the Superintendent, Nari Niketan, Meerut to prouce the corpus petitioner no.1 before this Court and set her free on her will and wishes and her liberty preferably in the custody of petitioner no.2.
As per report of the C.J.M. concerned, notice issued to respondent no.5 has been served personally but no-one has responded to the notice to contest the matter.
Learned counsel for the petitioner submits that petitioner no.1 has voluntarily eloped with petitioner no.2 and also married him. He further submits that statement of petitioner no.1 has been recorded under Section 164 Cr.P.C. before the learned Magistrate in which she has deposed that she wants to go with petitioner no2 and they are having a child from their relationship. He further submits that petitioner no.2 has been acquitted by the court below vide order dated 12.10.2017, copy of which is annexed at page-55 of the writ petition, but when the custody of petitioner no.1 was being decided by the learned Magistrate after she was recovered, the learned Magistrate held her to be minor on the basis of her academic record, but as per her medical examination report she is a major girl aged about 19 years and has been confined in Nari Niketan. Thereafter vide order dated 11.12.2017 this Hon'ble Court had directed the respondent no.3 to produce the corpus Smt. Neha before this Court on 8.1.2018 and the same was produced on the said date along with her child and petitioner no.2 also. On being questioned by the Court, the Corpus-Petitioner no.1 Smt. Neha stated that she wants to go with petitioner no.2. Thereafter this Hon'ble Court allowed the corpus-petitioner no.1 to go with petitioner no.2 on an undertaking that both the petitioner no.1 and 2 along with their minor child will appear on the next date.
Learned AGA opposed the prayer for quashing and tried to justify the detention order but could not dispute the facts argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and examining the material brought on record that the victim is a major girl as per the medical report and the academic record on the basis of which she has been found to be minor and sent to Nari Niketan by the court below does not appear to be an authentic one as the same has also not been proved in accordance with law. She has expressed her desire to go with petitioner no.2 and is also having a child from him and petitioner no.2 has been acquitted by the court below, hence detention of the petitioner in Nari Niketan is illegal. She is allowed to live according to her wishes.
The impugned order dated dated 2.7.2015 passed by In-charge Ist Addl. Sessions Judge, Baghpat is hereby quashed.
The present Habeas Corpus Writ Petition is allowed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.2.2018 Gaurav