Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3943 of 2018 Petitioner :- Pinki And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghawendra Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Smt. Durga Tiwari Advocate has filed his appearance on behalf of respondent no.5.
Heard learned counsel for the petitioners, learned AGA for the State and learned counsel for respondent no.5.
At the very initial stage when the case was taken up for admission on 3.12.2018, following orde was passed:
"Heard learned counsel for the petitioners and learned AGA appearing for the State.
The counsel for the petitioners is permitted to implead the father of the corpus as respondent no.5, during the course of the day. The present habeas corpus writ petition has been filed on behalf of the corpus Pinki through her husband petitioner no.2 namely Shiv Shankar Mestar @ Shiv Kumar. The contention is that the girl is an adult and as per the medical she is 18 years of age; much reliance has been placed on the statement of the girl under Section 161 Cr.P.C. and 164 Cr.P.C., copies of which has been annexed on page nos. 23 and 25 of the affidavit filed in support of the writ petition. The contents of which are self explicit.
In view of the aforesaid, case of grant of indulgence has been made out.
Learned AGA appears of respondent nos. 1, 2, 3 and 4. Issue notice to the respondent no.5.
The notices on respondent no.5 shall be served through Chief Judicial Magistrate, Ballia. In the said notice it will clearly reflect that the case will be heard and disposed of finally on the next date of listing.
The State authorities are directed to ensure the presence of corpus as well as the respondent no.5 before this Court on the next date of listing.
List this case on 19.12.2018.
It is also being made clear that, in case no medical examination of the girl only with regard to age verification has already been done or if there is no medical certificate of the concerned Chief Medical Officer of the concerned district in this regard, liberty is given to the State authorities to get the girl medically examined by a team of doctors headed by the Chief Medical Officer concerned and two other doctors, one of which would be a lady doctor as well as the radiologist only with regard to the age verification and no other purpose. However, in case the medical has already been done this part/direction of the order will not be given effect to.
Let a copy of the order be communicated to the office of the Government Advocate within two days from today."
Today when the case has been taken up, the Court has been informed that corpus Pinki is present before this Court. The Court has been further informed that the medical of the girl has been done and certificate of CMO Ballia has been produced before this Court which is dated 15.12.2018 and that shows that the age of the girl is 19 years. Thus, apparently she is an adult.
In view of the aforesaid facts and circumstances, the Court proceeds to examine the corpus only for the purpose of knowing her desire as to where she wants to go.
On being asked from the girl as to what is her name, she informs that her name is Pinki and her father's name is Kanhaiya. She further informs that she is 19 years of age and she has performed marriage with Shiv Shankar of her own sweet will without any fear, threat or coercion. On being asked from the girl as to where she wants to go from this Court, she has informed the Court that she would like to go with her husband from this Court.
The boy Shiv Shankar who is also present before this Court has been identified by the girl as her husband who in turn has identified the girl as his wife. Both have been identified by their counsel on the basis of documents produced in their chamber.
Thus, looking to the statement of the girl made before this Court and the fact that she is 19 years of age as per the certificate issued by CMO Ballia, the corpus being adult is free to go wherever and with whom she wants to go. She is being set at liberty forthwith from custody.
Since the corpus Pinki has expressed her desire to go with her husband Shiv Shankar, she is free to go with him and no hindrance will be placed in her movement by any respondents.
The habeas corpus writ petition is accordingly allowed.
Order Date :- 19.12.2018 SP