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2016 Supreme(All) 807

AJAI LAMBA, RAVINDRA NATH MISHRA II
MOHINI GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Kaushal Kishore Tewari for the Petitioner; G.A. and Rajiv Raman Srivastava for the Respondents.

JUDGMENT

By the Court.—This petition seeks issuance of a writ in the nature of Certiorari quashing order of detention dated 19.6.2015, appended with the petition as Annexure-1. The petition also seeks issuance of a writ in the nature of Habeas corpus directing respondent No. 2-Superintendent, Women Protection Home, District Lucknow to produce the petitioner and set her free.

2. It has been pleaded on behalf of the petitioner that the petitioner got married to Dilip Sharma, the deponent of her free will. The petitioner has not been kidnapped. Offence has not been committed, however, respondent No. 3 in abuse of process of the law and process of the Court initiated criminal proceedings vide Case Crime No. 0100 of 2015, under Sections 363 & 366 I.P.C., Police Station Ataria, District Sitapur. It has been pointed out that the petitioner has already attained the age of majority. The petitioner in her statement recorded under Section 164 Cr.P.C. (Annexure-5) has made it evident that she had not been induced by Dilip Sharma to go with him, rather she had gone of her will and got married to him. It has further been clarified that petitioner wants to live with Dilip Sharma.

3. Considering so









































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