Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3831 of 2018 Petitioner :- Shahin Bano Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manvendra Singh, Prashant Kumar, Rajesh Kumar Singh Counsel for Respondent :- Anita Singh, Dinesh Kumar Misra
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner, learned AGA on behalf of the State and Mr. Dinesh Kumar Mishra, learned counsel appearing for respondent no. 6.
Rejoinder affidavit filed by learned counsel for the petitioner is taken on record.
Today when the case is taken up, the Court was informed that the girl has been examined by the C.M.O. Ballia and as per certificate issued by the C.M.O. Ballia, the age of the girl as on 15.12.2018, is 19 years. The said certificate issued on 15.12..2018, is also taken on record.
When the case was taken up as fresh matter on 01.11.2018, time was given to the counsel for the respondent for filing counter affidavit, thereafter subsequently on 03.12.2018, Court had passed a very detailed order, the said order is being extracted hereinbelow:-
"Heard learned counsel for the petitioner, learned counsel for the respondent no.6 and learned AGA appearing for the State.
The counter filed today on behalf of the State as well as the counsel for the respondent no.6 Sri Dinesh Kumar Mishra, are taken on record.
Counsel for the petitioner prays for and is granted a week time to file rejoinder affidavit in the matter.
The attention of the Court has been drawn towards the statement of the girl under Section 164 Cr.P.C., copy of which has been annexed on page no.41 of the affidavit filed in support of the writ petition and the same has been duly perused by the Court. The said statements shows that some very serious allegation has been made by the girl against her Mama.
Keeping in view the statement made by the girl under Section 164 Cr.P.C., this Court hereby further direct that, the SP/SSP concerned will depute a senior lady officer to visit the Rajkiya Balgrih (Balika), Nidhariya, Ballia, the respondent no.5, where the girl is being detained, who interact with the girl and to find out the veracity of the statement made by the girl under Section 164 Cr.P.C. The said lady officer is also given liberty to interact with the girl in this regards and she may, if need so arises, record a fresh statement of the girl, in a capacity of a police officer. The copy of the said statement recorded by the said lady police officer, so deputed, alongwith her report shall be forwarded to this Court, through the SP/SSP concerned and though the office of the Government Advocate of this Court.
List this matter on 19.12.2018, showing the name of Sri Dinesh Kumar Mishra, as counsel for the respondent no.6.
The State authorities are directed to ensure the presence of corpus before this Court on the next date of listing.
The Court has been informed that the medical examination of the girl for the purpose of age verification has already been done in compliance of the orders passed by this Court, in an earlier writ petition and as per the said medical the girl is 18 years of age.
Let a copy of the order be communicated to the office of the Government Advocate within two days from today."
The Court has been further informed that in pursuance of the earlier order, a lady officer one Seema Yadav, Sub Inspector of Police Station-Kotwali Nagar, Jaunpur recorded the statement of the girl and the original copy of the statement has been produced before the court and the same is also perused. The said statement stands duly corroborated by the statement of the girl made under Section 164 Cr.P.C.
Another important aspect of the matter is that even earlier the girl was medically examined in compliance of the order passed by another Bench of this Court and in the said medical examination it was found that as far as the age of the girl is concerned, the same cannot be disputed the same being 18 years, as issued by the C.M.O. Ballia and thus this Court finds that she is an adult.
In compliance of the order passed by this Court 03.12.2018, the Court has been informed that the corpus namely Shahin Bano has been produced before this Court from custody of respondent no. 4 i.e. Rajkiya Balgrih (Balika), Nidhariya, Ballia.
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 proceeds to examine the corpus namely Shahin Bano, who is present before the Court.
On being asked 'ki aap ka naam kaya hai', she informed the Court 'ki mera naam Shahin Bano hai'. On being asked 'ki aap ke pita ji ka kaya naam hai', she informed the Court ki 'mere pita ji ka naam Mohammad Akram hai'. On being asked 'ki apne shadi apni marzi se ki hai', she informed the Court ki 'maine Mohammad Rasid Khan se nikah apni marzi se kiya hai'. On being asked what your husband does? she further informs the Court,"ki unki kapde ki dukan hai" On being asked ki aap kiske saath jana chahti hai? she informs the Court ki mein apne pati ke saath jana chahti hun."
On further being asked 'ki jo aapne bayan Sub-Inspector- Seema Yadav ko diya tha kya vo sahi hai', she informs the Court that "ki ha vo ekdam sahi hai" On being asked 'ki jo bayan aapne ne 164 Cr.P.C. mein apne Mama ke baare mein diya tha kya vo sahi hai', she informs, "ha ekdam sahi hai". On being asked 'ki jo kuch aapke mama ne aapke saath kiya kya aapne uske baare mein apni ma se baat ki', she says "ha maine apni ma se baat ki toh unhone mujhe maara aur pitta".
In view of the statement made by the girl before this Court and as far as the Habeas Corpus Writ Petition is concerned, the same deserves to be allowed and is allowed and the girl is released from the custody of respondent no. 4.
The statement recorded by the Sub Inspector Seema Yadav is being returned to Sri. S.K. Mourya with instructions that photocopy of the same will be provided to the Bench Secretary and the photocopy of statement will be kept and will be a part of record.
Keeping in view the statement made by the girl under Section 164 Cr.P.C. which forms part of the record and also keeping in view the statement made before Sub- Inspector, Seema Yadav which was done in pursuance of the earlier order by this Court, this Court finds that this matter requires deeper enquiry by the Police Authorities.
Accordingly, the S.P. Jaunpur is given liberty by this Court, to look into the matter and to enquire into the matter with regard to the statement made by the girl and if deems fit the first information report may also be lodged against the Mama/Mohammad Hussain, as has been informed by the corpus.
The S.P. is given full liberty to go into the veracity of the said information made in the statement before the Sub-
Inspector Seema Yadav and it itself will be treated as F.I.R. and thereafter the enquiry shall proceed in accordance with law and take the proceedings to the logical conclusions.
With the aforesaid directions Habeas Corpus Writ Petition is allowed.
The corpus Shahin Bano who is present before the Court, is free as to where she wants to go and no hindrance in her free movement will be placed by any of the respondents.
However, liberty is given that in case it is found that some facts have 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 :- 19.12.2018 sweta