Court No. - 64

Case :- HABEAS CORPUS WRIT PETITION No. - 634 of 2020

Petitioner :- Smt. Nidhi Srivastava And Another

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Dipak Srivastava

Counsel for Respondent :- G.A.

Hon'ble Salil Kumar Rai,J.

The Vakalatnama filed by Sri Deepak Kumar Kulshrestha,

Advocate on behalf of respondent no. 4 is taken on record.

In pursuance to the previous order dated 26.11.2020 passed by

this Court, the corpus has been produced before this Court by

Lady Constable 4561 Km. Arti, P. No. 182012857, P.S.

Jagdishpura, District Agra.

In order to ascertain the stand of the petitioner no. 1 / detenue,

the Court put certain questions to her. The questions put by the

Court to the petitioner no. 1 / detenue and the answers given by

her are reproduced below:-

Q. Aapka kya naam hai?

A. Nidhi Srivastava.

Q. Kya umra hai aapki?

A. 24.

Q. Is samay kiske saath rah rahi hai?

A. Papa.

Q. Aap apne papa ke saath apne marji se rah rahi hai ya jabardasti rakhi

gai hai?

A. Nahi, apni marji se.

Q. Anuj Kumar aapke pati hain?

A. Nahi, isne mere saath jabardasti shaadi ki hai.

Q. Aap kiske saath rahna chahengi, Anuj Kumar ya pita ji ke saath?

A. Pita ke saath.

It is evident from the answers given by the corpus that she is

residing with her father voluntarily and has not been kept in

illegal confinement. She is not detained by her father against

her will. The corpus is admittedly major. It is also apparent

from the averments made in Paragraph No. 11 of the petition

that the corpus had stated against the petitioner no. 2 in her

statement recorded under Sections 161 and 164 Cr.P.C.

In view of the aforesaid, the rule nisi issued earlier cannot be

made absolute and is discharged. The petition is dismissed.

Order Date :- 3.12.2020

Satyam