Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 34281 of 2017
Petitioner :- Smt. Rachana
Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- Bhawesh Pratap Singh,Aman Arya
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Sri Ajay Kumar Gautam has filed vakalatnama on behalf of respondent no. 4 which is taken on record.
Heard Sri Aman Arya, 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. 3 to produce the petitioner Smt Rachana (Corpus) before this Court and handed to her husband namely Yogesh and further to quash the order dated 13.6.2016 passed by A.C.J.M., Court No. 6, Aligarh to the extent that Smt. Rachana (Corpus) has not been release in favour of her husband namely Yogesh.
On 12.2.2018 this Court passed the following order:-
"Sri Ajay Kumar Gautam, Advocate has filed power on behalf of the respondent no. 4 which is taken on record.
Heard Sri Bhawesh Pratap Singh, learned counsel for the petitioner, Sri Ajay Kumar Gautam, learned counsel for the respondent no. 4 and Sri Ashish Pandey, learned A.G.A. for the State.
The victim has been produced in police custody in compliance of the order dated 16.01.2018 of this Court and on a query being made by her she has stated that she went him.
Learned counsel for the petitioners has submitted that victim is a major girl aged about 19 years as per School Leaving Certificate of Class VII and even then she was treated as minor and was sent to Nari Niketan. It is further submitted that the statement of the victim was recorded under Section 164 Cr.P.C. before the A.C.J.M., Court No. 8, Aligarh in which she has not supported the prosecution version and stated that she eloped with Yogesh Kumar on her sweet will and she wants to live with him.
The learned counsel for the respondent no. 4 has stated that some security amount may be deposited by Yogesh Kumar son of Sri Chhotey Lal in order to secure the welfare of the victim girl.
Learned counsel for the petitioner has submitted that his client namely Yogesh Kumar is ready and willing to deposit a sum of Rs. 2 lacs in favour of Smt. Rachana daughter of Tej Pal.
It is directed that the said security money i.e. Rs. 2 Lacs shall be deposited in a Nationalized Bank by means of FDR for a period of four years within a period of two weeks in the name of corpus Rachana by the petitioner Yogesh Kumar and a photo copy of the same to be produced before this Court by means of affidavit.
List this matter on 28.02.2018."
Thereafter on 28.2.2018 this Court passed the following order:-
"Heard Sri Aman Arya, learned counsel for the petitioner, Sri Ajay Kumar Gautam, learned counsel for the respondent no. 4 and Sri R.K. Mishra, learned Brief Holder for the State.
This petition has been filed by the petitioner with a prayer to direct the respondent no. 3 to produce the corpus-petitioner before this Court and release her after recording the statement for going anywhere according to her wishes.
Learned counsel for the petitioners submits that the FDR of Rs. two lacs which was ordered by this Court on 12.2.2018 to be executed in favour of corpus-petitioner by her alleged husband Yogesh, who has filed the present petition on her behalf, could not be executed as the corpus- petitioner does not possess any I.D. proof and in the absence of the same the bank refused to make FDR. He further pointed out that the mother-in- law of the corpus-petitioner could not arrange Rs. two lacs as has been ordered by this Court on 12.2.2018 and could only arranged Rs. 1.5 lacs and she is ready for depositing the same as FDR in favour of corpus- petitioner.
Considering the facts and circumstances of the case, we direct that the corpus-petitioner shall be released by respondent no. 3 to go with Yogesh her alleged husband, who is also present in the Court today and has been identified by his counsel Sri Aman Arya as on 28.2.2018, the corpus petitioner when she was produced before this Court has expressed her desire to go with him.
It is further directed that as soon as the corpus-petitioner is released from Nari Niketan, her alleged husband Yogesh shall execute a draft of Rs. 1.5 lacs in her favour preferably within a period of two week from the date of her released.
List on 28th March, 2018.
On the said date, the corpus-petitioner and her alleged husband Yogesh shall appear before this Court and file a fresh affidavit annexing copy of the FDR executed in favour of corpus-petitioner."
Learned counsel for the petitioners submitted that in compliance of the order dated 28.2.2018 the alleged husband of the corpus-petitioner has got the Aadhar card of the corpus- petitioner prepared and had also deposited Rs. One Lacs in favour of corpus-petitioner.
Learned counsel for the petitioner submits that as per the medical report the corpus-petitioner is a major girl aged about 19 years as per School Leaving Certificate of Class VII she is aged about 17 and half years but the learned Magistrate finding her to be minor has sent her to Nari Nikaten and thereafter in compliance of this Court's order dated 28.2.2018 she has been released in favour of her alleged husband Yogesh with whom at present she is living.
Considering the submissions advanced by learned counsel for the parties and taking into account the fact that as per the statement of the corpus-petitioner, she voluntarily gone with Yogesh and in view of the law laid by the Apex Court as well as this Court in the case of Smt. Parvati Devi (Supra) and Smt. Renu Maurya (Supra), the corpus-petitioner is set at liberty to go in accordance with her own wishes. The impugned order dated 13.6.2016 passed by court below sending the corpus-petitioner in Nari Niketan is hereby set aside.
The writ petition accordingly succeeds and is allowed. There shall however be no order as to costs.
The Registrar General is directed to ensure that the corpus and the persons with whom she had come today in the Court shall leave the premises safely.
In case, the corpus-petitioner Smt. Rachana and the persons with whom she had come to the Court approach the S.S.P. Allahabad for adequate security, he may provide them adequate security to go at the place of their choice.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.3.2018 Shiraz