Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 3824 of 2018 Petitioner :- Sarvajeet Kaur And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pradeep Kumar Singh,Jitendra Pal Singh Counsel for Respondent :- G.A.,Harikesh
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned counsel for the respondent nos. 4 to 7 is taken on record.
Heard Sri Jitendra Pal Singh, learned counsel for the petitioners, Sri Harikesh Singh, learned counsel for respondent no.4 to 7 and the learned A.G.A. for the State and perused the record.
The instant habeas corpus writ petition has been filed on behalf of corpus, Smt. Sarvajeet Kaur through her real sister Smt. Baljeet Kaur with the prayer to issue a writ in the nature of habeas corpus directing the respondent no.7 to produce the corpus before the Court and set her liberty forthwith.
Pursuant to the order dated 31.10.2018, respondent no.7 has produced the corpus, Smt. Sarvajeet Kaur before the Court today who is duly identified by learned counsel for the parties. On being questioned, she has stated that she is aged about 19 years and stated that her brother has lodged a false first information report against her husband with whom she has solemnized marriage in a Gurudwara. She has further stated that she is leading a happy married life and she is not under any illegal detention or captivity, therefore, she may be permitted to go along with her husband from the Court itself.
Learned counsel for the respondent no.4 to 7 has also filed the statement of the corpus recorded under Section 164 Cr.P.C. in which she has reiterated that she has solemnized marriage with Makkhan Singh in a Gurudwara and living with him as his wife. The certified copy of the statement of the corpus has been annexed as annexure-CA-1 to the counter affidavit.
In view of the categorical statement of petitioner no.1, Smt. Sarvajeet Kaur, this habeas corpus writ petition is allowed. The petitioner no.1, Smt. Sarvajeet Kaur is free to go with her husband from the Court itself. The statement of the corpus in writing is taken on record.
Order Date :- 27.2.2019 Vikas