Court No. - 4
Case :- HABEAS CORPUS WRIT PETITION No. - 3506 of 2018 Petitioner :- Pinki Kumari (Corpus) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagadish Prasad Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Sri Deepak Kr. Verma, Advocate has filed his vakalatnama on behalf of the respondent no. 3 in the Court today which is kept on record.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1 and 2 and Sri Deepak Kr. Verma, learned counsel for the respondent no. 3.
Following order was passed by this Court on 28.08.2018 :-
"In compliance of the order dated 9.8.2018 passed by this Court the detenue Smt. Pinki Kumari has been produced before us by Head Constable, Suman Lata P No. 162414569 and Pawan Kumar P No. 162191950 who are posted at Police Lines, Allahabad.
However, office report indicates that the petitioner's counsel has not taken step for effecting service on respondent no. 2.
Learned counsel for the petitioner prays for and is granted four days' further time for effecting service on respondent no. 2.
In case the steps are taken by learned counsel for the petitioner within the period indicated hereinabove, office shall issue notice to the respondent no. 2 fixing 17.9.2018.
In the meantime, Smt. Pinki Kumari, who has been produced before us today, shall stay in Nari Sanrakshan Grih, Allahabad and shall be produced before this Court on 17.9.2018 again."
In compliance of the aforesaid order dated 28.08.2018, the petitioner Smt. Pinki Kumari (detenu) has been produced before us by Constable Pavan Kumar and Lady Constable Suman Lata, Police Line, Allahabad. She has been identified by her counsel, Sri Jagadish Prasad Yadav.
On being quizzed by the Court, the petitioner Smt. Pinki Kumari (detenu) stated that her date of birth recorded in her high school certificate is incorrect and her correct age is 19 years. She further stated that she had left her parental home on her own accord and solemnized marriage with Raghuveer Yadav on her own free will and she wants to go and live with him as his wife. She does not intend to go back to her parental home. Her statement has been recorded on a separate sheet of paper which has been signed by her.
Learned counsel for the petitioner submitted that since the petitioner Smt. Pinki Kumari (detenu) as per her radiological examination report, reference whereof finds mention in the order dated 26.07.2018 passed by Special Judge (S.C./S.T. Act), Allahabad in Case Crime No. 288 of 2018 u/s 363, 366 I.P.C. and 3 (2) (V) S.C./S.T. Act, P.S.- Mauaima, District- Allahabad (Annexure No. 9), she is 19 years old and in view of the latest judgement rendered by the Apex Court in the case of Suhani & Anr. Versus State of U.P. & Ors. passed in Civil Appeal No. 4532 of 2018, she is major and therefore, she cannot be illegally detained in Nari Sanrakshan Grih, Allahabad against her wishes.
Per contra learned A.G.A. opposed the prayer made by learned counsel for the petitioner for setting the petitioner Smt. Pinki Kumari (detenu) at liberty.
After having heard learned counsel for the parties and perused the material brought on record, we are of the view that since as per the ossification test/radiological examination report, Smt. Pinki Kumari (detenu) is major and she has unequivocally stated before us that she wants to go with her husband Raghuveer Yadav, she cannot be detained against her wishes in Nari Sanrakshan Grih, Allahabad.
In view of the above, the writ petition succeeds and is allowed.
The petitioner Smt. Pinki Kumari (detenu) is set at liberty forthwith. She is free to go wherever she desires.
There shall however be no order as to costs.
Order Date :- 17.9.2018 KS