Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3887 of 2018 Petitioner :- Ram Babu And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashwani Kumar Pathak Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri A. K. Pathak, learned counsel for the petitioners and Sri Rajesh Mishra, learned AGA appearing for the State.
This writ petition has been filed with the prayer to quash/set-aside the impugned order dated 25.05.2018 passed by the Chief Judicial Magistrate, Gorakhpur, in Case Crime No.254 of 2018, under Sections 363, 366, IPC, Police Station Gulriha, District Gorakhpur and release the corpus to her husband according to her sweet and free will.
In compliance of the earlier order of this Court dated 19.11.2018, the corpus namely Manisha, has been produced before this Court from Child Welfare Summit, Gorakhpur, in custody of Sub-inspector Umakant Sharma (P.No.812700888), Antima Tiwari(Lady Constable P.No.162520200).
The contention of the counsel for the petitioners in the present habeous corpus writ petition is to the effect that both petitioner nos.1 and 2 are adult and they have solemnized marriage of their own free will without any fear, threat or coercion.
The Court has been informed that both of petitioners are present before the Court, thus with the consent of learned counsel for the petitioners as well as learned AGA, the Court proceed to examine the corpus namely Manisha, who is present before the Court.
On being asked 'ki app ka naam kaya hai', she informed the Court 'ki mera naam Manisha hai'. On being asked 'ki app ke pita ji ka kaya naam hai', she informed the Court ki 'mere pita ji ka naam Rama Prasad hai'. On being further asked 'ki app ki umra kitni hai', she informed the Court ki 'meri umra 18 sa hai'. On being asked 'ki app ne shadi apani marji se kari hai aur kiske sath' she said yes 'shadi maine apani marji se kari hai, Ram Babu ke sath, bina kisi dar ya dabaw ke', i.e. petitioner no.1, who is also present before the Court.
The record further shows that as per the medical certificate the age of the girl is 18 years, copy of which is annexed as annexure no.5 to the affidavit filed in support of the writ petition. Even as per the school leaving certificate the age of the girl is 17 years and 4 months i.e. she is almost at the verge of attaining the majority, copy of which is annexed as annexure no.7 to the affidavit filed in support of the writ petition. It is also been informed that the girl is carrying pregnancy of 8 months and thus no purpose will be serving in keeping the girl in Child Welfare Summit, Gorakhpur.
The petitioner nos.1 and 2 have identified each other, and both the petitioners have also been identified by their counsel Sri A. K. Pathak, on the basis of the documents produced before him in his chamber.
Thus, keeping in view the facts and circumstances of the case i.e. age of the girl which is admittedly more than 18 years as per the medical certificate, the statement made by the girl before this Court, a case of grant of indulgence has been made out. There is no purpose will be served in keeping the matter pending before this Court.
The corpus Manisha is present before the Court, who is an adult, is set at liberty to go wherever she wants to go and no hindrance in her free movement will be placed by any of the respondents. She is accordingly released from the custody forthwith.
The Habeous corpus writ petition is accordingly stands, allowed. However, liberty is given that in case it is found that some facts has been concealed, in the present writ petition, the person concerned shall file a recall application before this Court to recall the present order.
Order Date :- 29.11.2018/VKG