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2020 Supreme(All) 882

PRITINKER DIWAKER, PRADEEP KUMAR SRIVASTAVA
Km. Rachna – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Avinash Pandey, Sri Shagir Ahmad
For the Respondent: Sri J.K.Upadhyay, AGA

JUDGMENT :

Pritinker Diwaker, J

This petition has been filed by the petitioners, seeking a writ of habeas corpus, commanding respondent no.4-Superintendent, Children Home (Girl) District Saharanpur, to release corpus-petitioner no.2-Km. Anchal, who has been allegedly illegally detained in the Children Home (Girl) District Saharanpur.

2. Facts of the instant case are that on 16.2.2020, FIR was lodged by Smt. Sudha, mentioning therein that on 15.2.2020, her minor daughter Km. Anchal (hereinafter referred to as 'petitioner no.2-corpus') aged 17 years has been enticed by one Arjun S/o Rishipal. She has alleged that while leaving the house, petitioner no.2-corpus had taken certain ornaments and cash amount. She has further alleged that the father, mother and brother of Arjun have helped him in taking petitioner no.2-corpus. Based on this FIR, offence under Sections 363 and 366 of IPC was registered against Arjun, his parents and relatives.

Later, petitioner no.2-corpus was recovered on 4.3.2020 and on the same day, her Section 161 CrPC statement was recorded wherein she has stated that as quite often she was beaten by her mother, out of frustration, on 15.2.2020, without informing her famil

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