Hon'ble Rajeev Singh,J.
The present matter has been placed before this Court along with the listing application i.e. C.M.A. No.10897 of 2021.
Heard Shri Diwakar Pratap Singh, learned counsel for the petitioner and Shri S.P. Singh, learned A.G.A. for the State and Shri Prem Prakash Singh, learned counsel for the respondent No.4.
The present petition has been filed by the petitioner, seeking direction in the nature of Habeas Corpus commanding the respondent No.3 to produce the detenue before this Court for appropriate direction and further direction in the nature of certiorari quashing the orders dated 07.11.2019 and 25.10.2019, passed by Special Judge SC/ST (P.A.) Act, Ambedkar Nagar.
Learned counsel for the petitioner has submitted that the detenue was in love affair with the petitioner-deponent and she went on her own will with the deponent and entered into marriage with him, and due to annoyance, father of the detenue lodged the F.I.R. No.94 of 2019, under Sections 363, 366, 504 I.P.C. and Section 3(2)(v) SC/ST (P.A.) Act against the deponent and one unknown person. He further submitted that the statement of victim was also recorded under Section 164 Cr.P.C., in which she categorically stated that she went on her own will and she is aged about 19 years. He further submitted that as per the radiological age, detenue is aged about 17 years and she has been wrongly confined under the order of Special Judge, SC/ST (P.A.) Act, Ambedkar Nagar passed on 07.11.2019 (appended as annexure No.1 to the writ petition), in which it is observed by the court below that the detenue has apprehension that she was having life threat from her father, therefore, she will not go with him and she also requested that she may be sent to Nari Niketan, Faizabad, and her application was forwarded to Child Welfare Committee for disposal and till the disposal of her application, she could be kept in Rajkiya Bal Sanrakshan (Balika) Moti Nagar, Lucknow. He further submitted that deponent is the husband of detenue and after her detention, the present petition has been filed and indulgence of this Court is necessary.
Learned A.G.A. has opposed the prayer made in the petition and submitted that the detenue is kept on Rajkiya Bal Sanrakshan (Balika) Moti Nagar, Lucknow on her own request under a judicial order and the remedy is available under the provisions of Section 14-A of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the orders passed by Special Judge SC/ST (P.A.) Act, Ambedkar Nagar, therefore, the present petition is not maintainable.
Considering the arguments of learned counsel for the applicant as well as learned A.G.A. and going through the orders dated 07.11.2019 and 25.10.2019, passed by Special Judge SC/ST (P.A.) Act, Ambedkar Nagar, the petition under Article 226 of the Constitution of India is not maintainable.
With the consent of learned counsel for the parties, the writ petition along with the listed application is disposed of with liberty to avail appropriate remedy.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 27.1.2021 S. Shivhare