Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3725 of 2018 Petitioner :- Reshamwati And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Pandey 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. appearing on behalf of the State.
Despite service of notices upon the respondent no. 6, neither counter affidavit is filed by counsel for the respondent no. 6, nor the counsel is present.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari for quashing the order dated 08.08.2018, passed by Additional District and Session Judge Court No. 8/Special Judge (POCSO Act), Bulandshahr.
The Court proceeds the case on merits.
It has further been informed that in compliance of the order dated 05.12.2018, the corpus has been produced before this Court. The order dated 31.10.2018, passed by another Bench of this Court, already shows that the corpus had appeared before the Court on the said date and she has made a statement before the Court that she does not want to live with her parents and she has married to Ram Kumar.
The contention of the learned counsel for the petitioners is that the corpus-Smt. Reshamwati petitioner no. 1 is adult aged about 18-19 years as per medical report issued by the Chief Medical Officer Bulandshahr, copy of which has been annexed at page no. 32 to the writ petition..
It has been informed to the Court that the girl is present in the Court today hence, the Court proceeds to examine the girl. On being asked from the girl, she informs that her name is Reshamwati, her father's name is Jagpal. On being asked about the marriage, she informs the Court that "shadi maine apni marji se ki hai, bina kisi dabav ke aur mein apne pati ke saath jana chahti hun"
Thus, keeping in view the statement of the girl that she is carrying a pregnancy of five months and with the fact that she is major, no purpose would be served in keeping the present case pending before this Court. Any further investigation would be abuse of process of Court and wastage of public time and money.
The writ petition succeeds and is accordingly allowed.
Smt. Reshamwati is hereby set at liberty forthwith and she is permitted to go wherever and with whomsoever she wants to go from the Court premises itself. No hindrance will be placed in her movement.
The police authorities and family members of the girl including respondents are hereby restrained from interfering in any manner whatsoever with the lives of petitioner nos.1 and 2 namely Reshamwati and Ram Kumar. They are also injuncted from indulging in any act of violence with the petitioners. In case they flout the order passed by this Court or indulged in any act of violence, they will be personally answerable to this Court.
However, liberty is given that in case it is found that some facts have been concealed, in the present writ petition, the parties concerned may file a recall application before this Court to recall the present order.
Order Date :- 19.12.2018 sweta