Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3797 of 2018 Petitioner :- Shagun Jayant And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Rana Counsel for Respondent :- G.A.,Shams Uz Zaman
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri Amit Rana, learned counsel for the petitioners, Sri Mukesh Kumar, Advocate, holding brief of Sri Sam-sul-Zama, has put in appearance on behalf of the respondent no. 4 and learned AGA appearing on behalf of the State.
This writ petition has been filed with the prayer to quash/set-aside the impugned order dated 27.09.2018 passed by the Chief Judicial Magistrate, Baghpat, in Case Crime No.0357 of 2018, under Sections 363, 366, IPC and 7/8 POCSO Act, Police Station Binoli, District Baghpat and release the corpus to her husband according to her sweet and free will.
We has perused the order dated 26.10.2018, passed by another Bench of this Court in compliance of which the corpus namely Shagun Jayant has been produced before this Court in custody of Sub-inspector Subhash Chandra (P. No.860901413), Sonam(Lady Constable C.P. No.344, P.No.162652752), and Shyam Surat (Constable No. 2639, P.No.052411410).
The contention of the counsel for the petitioners in the present habeous corpus writ petition is to the effect that both petitioner nos.1 and 2 are adult and they have solemnized marriage of their own free will without any fear, threat or coercion.
The age of the girl as per the certificate issued by the Chief Medical Officer, Baghpat is 19 years, however it is contended that the girl has been illegally detained with respondent No.5 and thus the present Habeas Corpus Writ Petition has been filed through the husband of the corpus before this Court.
The Court has been informed that both of petitioners are present before the Court, thus with the consent of learned counsel for the petitioners as well as learned AGA, the Court proceed to examine the corpus namely Shagun Jayant, who is present before the Court.
On being asked 'ki app ka naam kaya hai', she informed the Court 'ki mera naam Shagun Jayant hai'. On being asked 'ki app ke pita ji ka kaya naam hai', she informed the Court ki 'mere pita ji ka naam Asar Pal Singh hai'.
On being asked 'ki app kaha tak padhi hai', she informed the Court that she studying in class-12, however, she is not appeared in class-12 examination. On being further asked 'ki app ki umra kitni hai', she informed the Court ki 'meri umra 19 sa hai aur meri date of birth 19.06.1999 hai, aur mera parents ne meri umra mera high school ka record me kam kar ka likhai hai'. This statement of the girl finds corroboration on the certificate issued by the Chief Medical Officer Baghpat. On being asked 'ki app ne shadi apani marji se kari hai aur kiske sath' she said yes 'shadi maine apani marji se kari hai, Sujit Kumar ke sath, bina kisi dar ya dabaw ke', i.e. petitioner no.2, who is also present before the Court.
The petitioner nos.1 and 2 have identified each other, and both the petitioners have also been identified by their counsel Sri Amit Rana, on the basis of the documents produced before him in his chamber.
The counsel for the petitioner has also drawn attention of the Court of the order dated11.09.2018 passed by another Bench of this Court in Criminal Misc. Writ Petition No. 25198 of 2018, copy of which is annexed at page no.33 of the affidavit filed in support of the writ petition. The contents of which are self explicit.
Thus, keeping in view the facts and circumstances of the case i.e. age of the girl which is admittedly more than 19 years, the statement made by the girl before this Court, a case of grant of indulgence has been made out. There is no purpose will be served in keeping the matter pending before this Court.
The corpus Shagun Jayant is present before the Court, who is an adult, is set at liberty to go wherever she wants to go and no hindrance in her free movement will be placed by any of the respondents. She is accordingly released from the custody forthwith.
The Habeous corpus writ petition is accordingly stands, allowed. However, liberty is given that in case it is found that some facts has been concealed, in the present writ petition, the person concerned shall file a recall application before this Court to recall the present order.
Order Date :- 29.11.2018 VKG