Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 2443 of 2018 Petitioner :- Smt. Poonam And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Shashi Kant,J.
As per the Office report dated 28.3.2018, notice issued to respondent no.4 has been served personally to him.
Heard Sri Bharat Singh, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State. No one has appeared on behalf of respondent no.4 to contest the matter even in the revised reading of the list.
From perusal of the record, it appears that victim has already been released by this Court vide order dated 28.2.2018, which is quoted as under:-
"As per the Office report dated 27.2.2018, notice issued to respondent no. 4 could not be served.
Heard Sri Bharat Singh, learned counsel for the petitioner and Sri Vikas Sahai, learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to direct the respondent no. 2 to produce the corpus-petitioner no. 1 before this Court and release her after recording the statement for going anywhere according to her wishes.
Learned counsel for the petitioners submits that as per the medical report the petitioner is a major girl aged about 20 years and in her statement recorded under section 164 Cr.P.C. she has stated that she has voluntarily gone with petitioner no. 2, who has already got himself bailed out from the competent court but the learned Magistrate taking into account the petitioner to be minor sent her to Nari Niketan.
In compliance of this Court's order dated 30.1.2018, the corpus-petitioner no. 1 Smt. Poonam has been produced by respondent no. 2 before this Court today and identified by her counsel Sri Bharat Singh and on a query being made, she has stated that she wants to go with her husband petitioner no. 2.
Considering the facts and circumstances of the case and taking into account the statement of the corpus-petitioner no. 1, we direct that the corpus-petitioner no. 1 shall be taken back to Nari Niketan from where she shall be released by respondent no. 2 to go with petitioner no. 2 Darshan her alleged husband on an undertaking that she shall be produced before this Court by her alleged husband Darshan on the next date fixed.
List on 15th March, 2018.
In the meanwhile, the C.J.M. concerned shall ensure that notice issued by this Court be served to respondent no. 4."
Considering the submissions advanced by learned counsel for the parties and taking into account the fact that the corpus-petitioner has already been released by this Court and she is living with her alleged husband Darshan, the impugned order dated 15.11.2017 passed by the C.J.M., Budaun sending the corpus-petitioner in Nari Niketan, Bareilly is hereby set aside.
Accordingly, the present petition is allowed.
( Shashi Kant,J.) (Ramesh Sinha, J.) Order Date :- 29.3.2018/NS