Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 3878 of 2018 Petitioner :- Sajiya Parveen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surya Nand Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the petitioners and learned AGA for the State.
By means of this present habeas corpus writ petition, the petitioner is seeking custody of Smt. Sajiya Parveen by petitioner no.2 Shahnawaj.
The prayer sought by the petitioner is to stay effect and operation of order dated 16.10.2018 passed by C.J.M., Saharanpur in case crime no. 288 of 2018, under Section 363 IPC,, P.S. Janakpuri, District Saharanpur and direct to produce the corpus-petitioner no.1 before this Court.
I have gone through the order impugned it is true that the petitioners got married and Nikahnama is annexed as Annexure-3. Besides this, an FIR was got registered by father of the petitioner no.1 as alleged in the FIr as case crime no. 288 of 2018, under Sections 363 IPC, P.S. Janakpuri, District Saharanpur on 27.08.2018.
Pursuant to this, the petitioners approached this Court by filing crl. misc. writ petition no. 25797 of 2018 and the Court vide it's order dated 17.09.2018 has protected the interest of the petitioners with certain conditions.
Pursuant to this order, learned C.J.M., Saharanpur who in no uncertain terms reveal that both of them have got married and they are residing as husband and wife and there were no sexual offence made by the petitioner no.2 upon the petitioner no.1 and petitioner no.1 wants to go with her husband-petitioner no.2.
Meanwhile an application was moved by the father of the girl for having custody of the girl and by means of the impugned order dated 16.10.2018, learned CJM has given custody of the victim to her parent.
Under the circumstances it cannot be said that she is not in a illegal custody and the present habeas corpus is accordingly dismissed.
However, if so advised the petitioner may assail the validity and veracity of order dated 16.10.2018 before appropriate forum.
Office is directed to return the certified copy of the impugned order to the learned counsel for the petitioner on his supplying photocopy of the same within 15 days.
Order Date :- 28.11.2018 Abhishek Sri.