Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 14 of 2019 Petitioner :- Premjyoti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Srivastava Counsel for Respondent :- G.A. Hon'ble Vipin Sinha,J.
Hon'ble Ajit Singh,J.
Sri Virendra Singh, Advocate has filed his appearance on behalf of respondent no.4 and has also filed a counter affidavit. The same are taken on record.
When the case has been taken up today, the Court has been informed that in compliance of the order dated 7.2.2019 passed by this Court, a medical board was constituted for the purposes of age verification of the corpus Premjyoti. Today the report dated 14.2.2019 has been produced before this Court through the office of Government Advocate in a sealed cover which shows that the team of doctors has clearly opined that the age of the girl Premjyoti is between 19 to 20 years. The said certificate dated 14.2.2019 is taken on record and is made part of the record.
We have perused the record. The order dated 8.1.2019 clearly shows that the girl was in consensual relationship with petitioner no.2 Vishal with whom she has solemnized marriage. The statement of the girl recorded under Section 164 CrPC clearly states herein as under:
ihfM+rk dh QksVks o gLrk{kj izekf.kr djds izLrqr fd;k x;k gSA ihfM+rk }kjk c;ku fd;k x;k fd fnukad 16-06-2018 dks esjs ekrk firk us eq>s ekj ihVdj ?kj ls fudky fn;kA eSa i<+us Ldwy ugha tk jgh Fkh blfy, eq>s ekjk ihVkA eSa vius ukuh ds ?kj flaxkSjk vk xbZZ FkhA 2&3 fnu ckn ukuk&ukuh] ekek&ekeh Hkh eq>s ekjihV dj ? kj ls fudky fn;kA oks blfy, ?kj fudkys D;ksafd eSa fo'kky uke ds yM+ds ls fiNys 3 o"kkasZ ls I;kj djrh gwW o 'kknh djuk pkgrh gwWA tc ukuh ds ?kj ls fudkyh rks eSa fo'kky dks Qksu dh cqyk;k mlus euk fd;k rks eSaus LVs'ku eÅ ij cqyk;k vkSj pyh xbZA ogka ls ge nksuksa p.Mhx<+ pys x;sA fQj ogha ,d eafnj esa 'kknh dj fy;k ge nksuksa ,d fdjk;s ds dejs esa ifr&iRuh dh rjg jgus yxsA esjh lgefr ls gekjs chp 'kkjhfjd lEcU/k cukA nks ekg ckn tc eq>s irk pyk fd fo'kky ds firk dks iqfyl Fkkus esa can dj fn;k gSA rc ge nksuksa ejng Fkkus esa vk x,A eq>s dqN vkSj ugha dguk gSA esjh okLrfod mez 19 o"kZ gh gSA Ldwy lfVZfQdsV ij tUe frfFk xyr gSA eq>s vius ?kj okyksa ls tku dk [krjk gSA eSa vius ifr ds lkFk jguk pkgrh gwWA eSa ;g c;ku viuh ethZ ls ns jgh gwWA ihfM+rk ckj&ckj c;ku cny jgh gSA The girl was produced before this Court on 7.2.2019 and her statement was also recorded on the said date. The said order is being reproduced herein below:
“Short counter affidavit filed on behalf of the State in Court today is taken on record.
In compliance of the order of this Court dated 8.1.2019 by means of which notices were issued to respondent no. 4, which was to be served through CJM concerned, there is no office report regarding service of notice upon respondent no. 4.
Learned counsel for the petitioner has informed the Court that he has taken steps for effecting service on respondent no. 4.
It has been informed that in compliance of the order dated 8.1.2019, corpus Premjyoti has been brought to this Court today in police custody of HC Ajay Kumar, P.N. No. 892761414 and LC Lakshmi Devi, P.N. No. 162271010, Police Line, Ghazipur.
However, before we proceed to examine the corpus, we find that there is no age proof on record and it appears that the corpus has not been medically examined. We have also perused the statement of the corpus recorded under Section 164 Cr.P.C. wherein she says that she is aged about 18 years. Even otherwise respondent no. 4 is not present before this Court today, however, this Court deems it fit that one more opportunity be granted to respondent no. 4 to appear before this Court.
Since the Court has been informed that corpus is present before this Court today, the Court proceeds to examine the corpus.
On being asked from the corpus as to what is your name, corpus informed the Court that her name is Premjyoti. On being further asked as to what is your age, she informed the Court that her date of birth is 1.1.1999 and she wants to go with her husband.
As per the transfer certificate which is on record, the date of birth of corpus is 10.12.2000 and as per the high school certificate, the date of birth of the corpus is 10.8.2003, however, there is no medical examination report on record which may certify the age of the girl.
Under these circumstances, it is directed that the corpus, who is brought to this Court today will be taken back to the concerned Nari Niketan and District Magistrate, Ghazipur is hereby directed to constitute a Medical Board of three doctors consisting of the Chief Medical Officer, Ghazipur and two other senior doctors which would include one lady doctor and there will be also a radiologist, who will examine the girl/corpus Smt. Premjyoti, for the purpose of determining her age only. The Medical Board will submit a report through the office of the District Magistrate which shall be produced before this Court through the office of the Government Advocate in a sealed cover on the next date of listing. It is being reiterated that the said Medical Board will submit an elaborate report regarding age of the corpus.
List this case on 25.2.2019, on which date the corpus need not be present before this Court, however, the medical report will be produced before this Court in a sealed cover through the office of Government Advocate.”
Sri Virendra Singh, learned counsel appearing for respondent no.4 does not dispute the veracity of the medical certificate issued by the team of doctors which was constituted in pursuance of earlier order of this Court.
Looking to the facts and circumstances of the case, a case for grant of indulgence has been made out.
The writ petition accordingly stands allowed. The corpus Premjyoti is set at liberty forthwith. The District Magistrate, Ghazipur is hereby directed to ensure that corpus Premjyoti presently detained in Nari Niketan, Ghazipur shall be released forthwith on communication of the present order before the District Magistrate Ghazipur as well as Superintendent of the said Nari Niketan.
Copy of this order be communicated to the D.M.Ghazipur as well as Superintendent, Nari Niketan, Ghazipur through the office of Government Advocate.
Order Date :- 25.2.2019 SP