Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3922 of 2018 Petitioner :- Sonu Kumar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amit Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
The present habeas corpus writ petition has been filed on behalf of corpus Laxmi Verma through her husband Sonu Kumar.
In view of the allegations as made in the FIR, an order has been passed on 28.11.2018 directing the learned AGA to seek instructions. Subsequently, another order has been passed on 3.12.2018 in which a direction was issued that the State respondent will ensure the presence of the corpus before this Court.
The Court has been informed that in pursuance of the said order, corpus Laxmi Verma has been recovered from Chandpur, District Bijnor (UP) on 31.10.2018 and she has been brought here in custody of Sri Moola Ram ASI and lady constable Bimla, PS Ajeetgarh District Sikar (Rajasthan).
The attention of the Court has been drawn to the order dated 10.10.2018 passed by Single Judge in Writ-C No.34367 of 2018 in which corpus herself is the petitioner no.1. We have also perused the said order.
The Court has been informed that corpus has come to this Court along with her mother.
Before proceeding any further with the merits and in view of the statement made by the girl before SDM, Madhopur, the Court proceeds to examine the girl only for the purpose of knowing her desire as to where she wants to go.
On being asked from the girl as to what is her name, she informs that her name is Laxmi Verma and her father's name is Sri Banwari Lal Verma. On being shown the statement made by the girl before SDM Madhopur to her and on being asked that "kya ye jo bayan hai aap ka hai", she has informed the Court that "han ye mera bayan hai". On being asked from the girl as to where she wants to go from this Court, she has informed the Court that she would like to go with her mother Smt. Shanti Devi, who is present before this Court.
The mother Smt. Shanti Devi who is also present before this Court has been identified by the girl as her mother who in turn has identified the girl as her daughter. Both have been identified by their counsel on the basis of documents produced in their chamber.
Thus, in view of the statement of the girl made before this Court by appearing in person, no further adjudication is required in the present habeas corpus writ petition.
Accordingly, the habeas corpus writ petition is dismissed. The corpus being adult is free to go wherever and with whom she wants to go. She is being set at liberty forthwith.
Since the corpus Laxmi Verma has expressed her desire to go with her mother Smt. Shanti Devi, she is free to go with her and no hindrance will be placed in her movement.
Order Date :- 19.12.2018 SP