Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3133 of 2018 Petitioner :- Rani Sharma And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Mohan Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners, Sri Rajesh Kumar Singh has put in appearance on behalf of opposite party no. 5 and learned AGA for the State.
In compliance of the earlier order of this Court dated 01.05.2018, corpus Rani Sharma has been produced before this Court from Nari Samprekshan Grih, Nidhariya, Ballia in custody by SI Raj Singh Yadav PNO 882300045 and Lady Constable Priya Singh PNO 162192155 Police Station Sahatvar District Ballia who has brought the girl before this Court.
Corpus Rani Sharma - petitioner has identified Sonu Sharma as her husband, who in turn identified Rani Sharma petitioner as his wife.
The corpus is present before the Court and Court proceeds to examine the corpus.
On being asked from petitioner "apka naam kya hai" she informs the Court "Rani Sharma". On being asked "apke pita ji ka naam kya hai" she informs the Court "Jaleshwar Sharma". On being further asked "apki umra kya hai" she informs that "mein 18 se upar huu". On being further asked "kya apne shaadi ki hai" she inform that " Ha maine Sonu Sharma se shaadi ki hai." On being asked "kya shaadi apne apni marzi se ki hai ya kisi ke dabao me aakar" she inform that Court clearly "ki meine apni marzi se shaadi ki hai bina kisi ke dabao ke". On being asked "kya apke pati Sonu Sharma Court mein aaye hai she informs that "ha aye hai". On being asked "yaha se aap kaha jana chahti hai" she informs "mein apne pati ke sath jana chahti huu". Learned counsel for the petitioners have drawn the attention of the Court to the statement under Section 164 Cr.P.C. which is annexed at page 25 of the writ petition.
As per medical report of CMO Ballia the age of the corpus is 18 years.
In view of the categorical statement made by corpus Rani Sharma before this Court today, the Court has been left with no option but to allow the petition and release the corpus in favour of her husband.
In view of the aforesaid facts and circumstances of the case and also keeping in view the law as laid down by the Apex Court rendered in the cases of Suhani & Another v. State of U.P. & Ors. passed in civil appeal no. 4532 of 2018 decided on 26.04.2018 and keeping in view the law as laid down by the Division Bench of this Court (Lucknow Bench) rendered in cases of Vishal Jaiswal And Another v. State of U.P. and Others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen And Another vs. State of U.P. and Orthrs passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh vs. State of U.P. and another, reported in 2011 (6) SCC 396 (2014) and Shakti Vahini vs. Union of India passed in writ petition (civil) no. 231 of 2010, no purpose would be served in keeping the present case pending before this Court.
Accordingly, the writ petition is allowed. The corpus Rani Sharma- petitioner who is present in Court is released from the custody of Nari Samprekshan Grih, Nidhariya, Ballia forthwith and she is permitted to go wherever she wants to go. It is made clear that no hindrance will be caused in this regard and corpus Rani Sharma - petitioner is free to move from this Court.
Order Date :- 28.5.2018 Ujjawal