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2013 Supreme(All) 1405

RAKESH TIWARI, KARUNA NAND BAJPAYEE
INDRA @ SUHANI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Nanhe Lal Tripathi for the Petitioner; A.G.A. and P. Dixit for the Respondents.

JUDGMENT

Hon’ble Karuna Nand Bajpayee, J.—This Habeas Corpus Writ Petition has been filed by Smt.Indra alias Suhani daughter of Santosh Kumar Awasthi through ShivKant alias Shubham with whom she claims to have married with her free will, assailing the validity of her detention in the Nari Niketan where presently she has been kept vide order dated 16.4.2013 passed by Chief Judicial Magistrate.

On 2.5.2013 this Court had directed the respondent No. 5 to produce the petitioner in the Court. In compliance of the order the petitioner was produced in the Court and a counter-affidavit on behalf of respondent No. 6 was also filed. Today a rejoinder-affidavit has also been filed on behalf of the petitioner who herself has again been produced before us.

2. We have heard learned counsel for the petitioner as well as learned counsel for the respondent and learned AGA.

It seems that there was an FIR lodged against one Shubham alongwith some other co-accused under Sections 363, 366-A, 504 and 506 IPC at P.S. Kotwali Lalitpur under case crime No. 2265 of 2012. According to which petitioner Indra alias Suhani studying in Class XII was enticed away on 27.11.2012 by Shubham with the aid and assistanc
















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