Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3464 of 2018 Petitioner :- Ranjana Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Giri,Arvind Prabodh Dubey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The Court has been informed that in compliance of the order dated 17.12.2018 passed by this Court, corpus Ranjana Gupta has been produced before this Court from Rajkiya Mahila Sharanalaya (Kishori), Gorakhpur in custody of lady constable Arti Giri, PS Uruwa Bazar District Gorakhpur.
Before we proceed to examine the corpus who is present before this Court, we have perused the medical certificate issued by CMO Gorakhpur on 4.5.2017 which shows that the age of the girl is 20 years. Thus, apparently as on date the girl is an adult and her age is more than 21 years. We have also perused the statement of the girl recorded under Section 164 CrPC at page 43 which shows that girl was in consensual relationship with petitioner no.2 Pawan Kumar with whom she has solemnized marriage. The statement further shows that it was the corpus herself who insisted the petitioner no.2 to take her away and to marry with her.
Since the corpus is present before this Court, the Court proceeds to examine her:
On being asked from the girl as to what is her name, she informs that her name is Ranjana Gupta and her father's name is Raj Kumar. She further informs that she is an adult and she has performed marriage with Pawan Kumar of her own sweet will without any fear, threat or coercion. On being asked from the girl as to where she wants to go from this Court, she has informed the Court that she would like to go with her husband Pawan Kumar from this Court. On being further asked as to why she would not like to go with her father Raj Kumar who is present before this Court, she keeps mum and says that she does not want to go with him.
Since the Court has been informed that respondent no.4 father of the girl is also present before this Court, the Court proceeds to examine him only by way of abundant caution:
On being asked from the father of the girl that "aapki ladki kah rahi hai woh baalig hai aur woh apne pati ke sath jani chahti", he replies that "agar ladki is tarah kah rahi hai to mai kya kar sakta hun." On being further asked from the father that "kya aap ko pata hai ki aap ki beti baalig hai", he replies that "han mujhe pata hai".
It appears that the father of the girl reconciled to the situation that the girl being adult has solemnized marriage with Pawan Kumar of her own sweet will. It may also be appreciated that medical certificate issued by the CMO Gorakhpur has not been disputed before this Court. It has also not been disputed by either party that girl is an adult.
Thus, in view of the statement of the girl made before this Court and in view of the admitted position on record that girl is more than 21 years of age as on date according to medical certificate issued by CMO Gorakhpur, corpus Ranjana Gupta being adult is free to go wherever and with whom she wants to go. No hindrance will be placed in her movement. She is being set at liberty forthwith from custody.
The habeas corpus writ petition is accordingly allowed.
Order Date :- 21.12.2018 SP