Court No. - 4
Case :- HABEAS CORPUS WRIT PETITION No. - 3386 of 2018 Petitioner :- Rajbala And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Following order was passed by another co-ordinate Bench of this Court in this case on 2.8.2018 :
"Sri Sarvajeet Singh, Advocate has put in appearance on behalf of respondent no. 4 and filed his Vakalatnama, which is taken on record.
When the matter was taken up on 13.7.2018, following order was passed:-
Heard learned counsel for the petitioners and the learned A.G.A.
Present petition has been filed for quashing the order dated 28.3.2018 passed by the Superintendent of Child Home (Girls) Budaun-respondent No.5 and also for a direction to the respondents to produce the petitioner No.1-corpus.
It is contended by learned counsel for the petitioner that the petitioner No.1-corpus, who is major as per medical report and the respondent No.5 illegally treating her to be minor has been sent to Nari Niketan.
Issue notice to the respondent No. 4 and 5 returnable within ten days as it is a habeas corpus petition and liberty of the corpus is under consideration. Steps be taken within 24 hours.
List on 02.8.2018.
Let a copy of this order be given to the learned A.G.A. for compliance."
It is contended by learned counsel for the petitioners that age of the petitioner no. 1-corpus was allegedly recovered by the police and she was medically examined. As per medical certificate issued by Chief Medical Officer, Badaun, age of the corpus is shown to be 18 years. It is further contended that the corpus is illegally detained by Superintendent of Child Home (Girls) Budaun.
List on 17.8.2018.
A copy of this order be given to the learned A.G.A. for compliance."
When this matter was taken up today, learned A.G.A. has informed the Court that the detenu, Rajbala could not be produced before this Court due to her illness. He further assured the Court that the respondent no. 5 shall positively produce the detenu before this Court on the next date.
List on 7.9.2018.
On that date, the respondent no. 5 shall produce the detenu, Rajbala before this Court.
Order Date :- 24.8.2018 SA