Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3000 of 2018 Petitioner :- Smt. Richa Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Parmar,Hariom Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner and learned AGA for the State.
In view of the office report dated 18.04.2018 the service of notice upon respondent no. 3 is deemed to be sufficient. However, neither in a counter affidavit nor any one put his appearance on behalf of the respondent no. 3.
In compliance of the earlier order of this Court dated 19.04.2018, corpus Smt. Richa has been produced before this Court from Nari Niketan, Kanpur in custody by Sub Inspector Surjeet Kumar and Lady Constable Sushma Nishad who has brought the girl before this Court.
Corpus Smt. Richa - petitioner has identified Ismail Mohammad as her husband, who in turn identified Smt. Richa- petitioner as his wife.
The contention of learned counsel for the petitioner is that as per school certificate the date of birth of the girl is 28.06.2000 thus at present she is 17 years and 10 months old meaning thereby she will attaining the age of majority after two months; further contention is that she has solemnized marriage out of her own sweet will without any fear threat or coercion with Ismail Mohammad and she has given statement under Section 164 Cr.P.C. copy of which has been annexed as annexure 3 of the writ petition which shows that girl had gone with Ismail Mohammad with her own sweet will. However, it appears that she was sent to Nari Niketan pursuance of the order passed by the Additional District Magistrate, Hamirpur dated 05.12.2017.
Learned counsel for the petitioner has identified Smt. Richa- petitioner and Ismail Mohammad on the basis of document produced before him in his chamber.
The Court has examined corpus Smt Richa- petitioner. On being asked 'aap ka naam kya hai', she informed the Court "Richa"; on being asked "aapke pita ka kya naam hai" She replied, "Raja Bhaia" on being asked, " kya aapne shaadi ki", she replied "Ha Ismail Mohammad ke sath ki hai" on being asked "aapki umar kya hai" she informed "mein 19 ki huu", on being asked "yaha se aap kaha jana chahti hai" she informed the Court that "mein Ismail Mohammad ke sath jana chahti huu".
In view of the categorical statement made by corpus Richa 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.
Accordingly, the writ petition is allowed and the order dated 05.12.2017 passed by Additional Session Judge/ Special Judge POCSO Act Court No.
1 Hamirpur in Special case no. 06 of 2018 arising out of case crime no. 468 of 2017 under Section 363, 366 IPC and section 8 POCSO Act, Police Station Sumerpur, District Hamirpur is hereby quashed.
The corpus Richa is released from the custody of Nari Niketan Kanpur and she is set at liberty forthwith. However, it is made clear that no hinderance will be caused in the movement of the corpus and she is free to move from this Court along with her husband wherever she wants to go.
Respondent no. 3 and the other family member are restrained from interfering in any manner with the living together of the petitioner and the corpus as husband and wife and in case any hindrance is caused or any threat is extended to them by respondent no. 3 and the other family member, liberty is given to the petitioner and the corpus to file an appropriate application before the concerned SP/SSP and in case such an application is filed, the concerned SP/SSP shall personally look into the matter and take necessary remedial measures in this regard keeping in view the life and interest of the petitioner and the corpus.
With the aforesaid direction, the writ petition is allowed.
Let a copy of the order be communicated to the office of Government Advocate who after receipt of the order shall forward the same to the concerned SP/SSP through the office of the Government Advocate, who shall take appropriate action in this regard.
Order Date :- 26.4.2018 Ujjawal