Application Nos. Nil dated 29.11.2019 Sri Alok Saran, learned Additional Government Advocate has filed an application tendering unconditional apology for non-compliance of the order passed by this Court and has also filed an application for recall of the order passed by this Court on 18.11.2019.
I have examined the material on record.
In paragraph 8 onwards of the affidavit filed in support of the application tendering unconditional apology for non-compliance of the order, the reason assigned in regard to non-producing of detenue before this Court is sufficient. Today, detenue is present in Court along with opposite party no.4.
In view of the above, the applications are finally disposed of. Order dated 22.10.2019 is modified and following portion of the order is omitted accordingly:
"In view of the above, the action of Mr. Ram Raj Chaudhari, S.H.O. of police station Dariyabad, district Barabanki cannot be termed to be of the personnel of a disciplined force.
Accordingly, the matter in regard to the conduct of the officer be placed before the Director General of Police of U.P. to take necessary action in the facts and circumstances of the case."
Order Date :- 29.11.2019 Gautam Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner and learned A.G.A. for opposite party Nos.1 to 3.
The opposite party No.4 is present in person before this Court.
This habeas corpus petition has been filed with the following prayer :-
"(i) Issue a writ, order or direction in the nature of Habeas Corpus commanding and directing the opposite party no. 4 to produce the detenue Km. Shalani before this Hon'ble Court and after setting her at liberty to allow to go with her father Amar Singh.
(ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
(iii) Allow the writ petition with costs in favour of the petitioner."
This Court vide order dated 22.10.2019 issued notice to the opposite party No.4 to produce the detenue Shalani before this Court on the date fixed. She was not present and thereafter, an order order was passed on 18.11.2019, directing the police officials to ensure the presence of opposite party No.4 along with the detenue.
In compliance of the order passed by this Court, detenue Shalani along with opposite party No.4 is present before this Court, who has been identified by police official Ram Raj Chaudhary.
Upon a query being made to detenue Shalani, she stated that she is aged about 18 years and she has married with Arvind Kumar with her free will and consent and she has not been detained illegally.
In view of the statement made by the detenue, the cause of action does not survive in the present petition.
A report in regard to the date of birth of the detenue, which has been certified by filing a marksheet has been enquired into and has been placed before this Court, wherein it has been found that the marksheet is not a genuine document, therefore, no reliance can be placed on it. On the basis of medical report, which has been brought along with the counter affidavit filed by the learned A.G.A., the detenue is shown to be major.
Accordingly, this petition is finally disposed of with the cost of Rs.10,000/-.
However, it is further directed that the natural guardian of Shalani are at liberty to visit the place where she is residing.
Order Date :- 29.11.2019 Gautam