Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 665 of 2020 Petitioner :- Smt. Rashmi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.Z.Khan Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri A.Z. Khan, learned counsel for the petitioner, Sri Sanjay Sharma, learned Additional Government Advocate appearing for the State-respondents and Sri O.P. Singh, learned senior counsel assisted by Sri D.K. Yadav, learned counsel for respondent no.4.
Pursuant to the rule nisi issued earlier by this Court, the petitioner (detenue) has been brought before this Court today by Sri Amardeep Sharma, S.I. at P.S. Kakod, District Bulandshahar and Ms. Munni Gupta, Lady Constable at P.S. Kakod, District Bulandshahar, who have identified the detenue.
The detenue was brought before this Court on an earlier occasion also as reflected from the previous order dated 14.12.2020 wherein the statement made by her before the Court was taken note of in the order in the following manner:-
"On the query being made by this Court, Smt. Rashmi i.e. Corpus has stated that she is aged about 15 years and minor. She has passed Class-VIII. She has further stated that Jitendra Kumar, who has filed the present petition, has forcefully married her. She stayed with Jitendra about 22-23 days without her consent. She does not want to live with Jitendra. She wants to live with her parents. On a further query being made by this Court, as to why, in the statement recorded under Section 164 Cr.P.C. before the concerned Magistrate, she has stated that she did not want to live with her parent and she wanted to live on her free will, she has replied that the said statement has been given by her on the pressure of Jitendra Kumar. She has lastly stated that she has never instructed Jitendra Kumar to file the present petition on her behalf."
The detenue had made a clear statement before the Court on 14.12.2020 that she is aged about 15 years and a minor, and that Jitendra Kumar, who has filed the present petition claiming to be her husband, had forcefully married her and that she stayed with the aforesaid Jitendra Kumar for some time without her free will. Further, she stated that she did not want to live with the aforesaid Jitendra Kumar but wanted to live with her parents.
Learned Additional Government Advocate on the basis of inquiry made from the detenue who is present in Court today submits that she has stated that she wishes to go back to her parental home alongwith the respondent no.4 i.e. her father.
Having regard to the aforesaid, there is no reason to make the rule nisi absolute. It is accordingly discharged.
The petition stands dismissed.
The detenue is free to go alongwith the respondent no.4 i.e. her father, where she will be escorted in safety, but free, by the police.
Order Date :- 6.1.2021 Shahroz (Dr. Y.K. Srivastava,J.)