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2017 Supreme(All) 2209

VIPIN SINHA, J.J.MUNIR
ARTI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Sanjive Kumar Gupta for the Petitioner; G.A. and Rakesh Agrahari for the Respondents.

JUDGMENT

By the Court.—Heard Sri Sanjive Kumar Gupta, the learned counsel for the petitioners and Sri Rakesh Agrahari, learned AGA appearing for the State.

2. This is a habeas corpus writ petition seeking to question the continued detention of Smt. Arti at Nari Niketan, Bareilly under an order dated 25.2.2017 passed by Chief Judicial Magistrate in case crime No. 207 of 2017, under Section 363, 366 IPC, P.S. Civil Lines, District Budaun.

3. In this case on the date of motion, we issued a rule nisi directing that the detenue Smt. Arti detained at Nari Niketan, Bareilly be produced before us on 15.11.2017. The said order was made on 1.11.2017.

4. Rule nisi in this case was issued on 1.11.2017 on basis that the petitioners had come up with a medical report annexed as Annexure 2 to the writ petition which shows the detenue to be aged about 19 years. In addition, on record is the statement of the detenue Smt. Arti recorded under Section 164 Cr.P.C. that she is aged 19 years and has married the second petitioner of her free will; that she is absolutely uneducated; and that she wants to stay with him for the fulfillment of her marriage vows.

5. Today, the detenue Smt. Arti has been produced



























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