Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 2907 of 2018 Petitioner :- Smt. Sonam @ Misba Kausar (Corpus) Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Shashi Kant,J.
As per the Office report dated 28.3.2018, notice issued to respondent no.5 has been served personally to him.
Heard Sri Rajesh Dwivedi, learned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A. for the State. No one has appeared on behalf of respondent no.5 to contest the matter even in the revised reading of the list.
From perusal of the record, it appears that victim has already been released by this Court vide order dated 14.3.2018, which is quoted as under:-
"Heard Sri Rajesh Dwivedi, learned counsel for the petitioner-corpus and Sri Vikas Sahai, learned A.G.A. for the State.
As per office report dated 13.03.2018 notice issued to respondent no. 5 has not received back after service.
This petition has been filed by the petitioners with a prayer to direct the respondent no. 4 (Superintendent (Matron), Naari Niketan, Kanpur Dehat to produce the corpus-petitioner Smt.Sonam @ Misba Kaushar before this Court and release her after recording the statement for going anywhere according to her wishes.
Learned counsel for the petitioners submits that as per the medical report the petitioner is a major girl aged about 20 years and in her statement recorded under section 164 Cr.P.C. she has stated that she has voluntarily gone with Javed @ Shanu who has already got himself bailed out from the competent court but the learned Magistrate taking into account the petitioner to be minor sent her to Nari Niketan.
In compliance of this Court's order dated 28.02.2018, the corpus- petitioner Smt. Sonam @ Misba Kausar has been produced by respondent no. 4 before this Court today and identified by her counsel Sri Rajesh Dwivedi and on a query being made, she has stated that she wants to go with her husband Javed @ Shanu.
Considering the facts and circumstances of the case and taking into account the statement of the corpus-petitioner, we direct that the corpus- petitioner shall be taken back to Nari Niketan from where she shall be released by respondent no. 4 to go with Javed @ Shanu her alleged husband on an undertaking that she shall be produced before this Court by her alleged husband Javed @ Shanu on the next date fixed.List on 29.03.2018.
In the meanwhile, the C.J.M. concerned shall ensure that notice issued by this Court be served to respondent no. 5.
Learned A.G.A. shall also inform respondent no. 5 by the next date fixed about the pendency of the present petition."
Considering the submissions advanced by learned counsel for the parties and taking into account the fact that the corpus-petitioner has already been released by this Court and she is living with her alleged husband Javed @ Shanu, the impugned order dated 9.9.2016 passed by the Court below sending the corpus-petitioner in Nari Niketan is hereby set aside.
Accordingly, the present petition is allowed.
(Shashi Kant,J.) (Ramesh Sinha, J.) Order Date :- 29.3.2018/NS