Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 320 of 2019 Petitioner :- Ram Pukar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ved Prakash Mishra Counsel for Respondent :- G.A.,Suresh Dhar Dwivedi
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Anjali, petitioner no. 2 has been produced before the Court from Bal Sanrakshan Grih, Shahjahanpur by S.SI Dileep Kumar Yadav and Lady Constable Anju, Police Station Khutar, District Shahjahanpur.
She states that she has voluntarily married to Ram Pukar and wants to go with him. Her School Leaving Certificate has been filed showing her date of birth as 19.09.2004, while in the medical examination report, her age has been determined as about 17 years. Thus, from the School Leaving Certificate as well as Medical Examination Report, she is still below 18 years. However, the Division Benches of this Court in the cases of Smt. Kalyani Chowdhary Vs. State of U.P., reported in 1978 Cr.L.J. 1003 (D.B.), Pushpa Devi Vs. State of U.P. and others, reported in 1994 HVVD(All) C.R. Vol II Page 259, Smt. Raj Kumar Vs. Superintendent, Women Protection, Meerut and others, reported in 1997 (2) A.W.C. 720 and in Habeas Corpus Writ Petition No. 127 of 2019, Sapna (Corpus) Vs. State of U.P. and 4 others decided on 26.02.2019. In these cases, the Court has held that even a minor can not be detained in Nari Niketan against her wishes.
Ram Pukar, petitioner no. 1 is also present in the Court.
In view of the statement made by Anjali, petitioner no. 2, this habeas corpus writ petition is allowed and Smt. Anjali is set at liberty forthwith and is permitted to go along with Ram Pukar, petitioner no. 1.
Order Date :- 30.4.2019 Nadim