ALLAHABAD HIGH COURT
SHALU PAL – Appellant
Versus
State of U.P. AND 4 OTHERS – Respondent
HABC 582 2020
Court No. - 64
Case :- HABEAS CORPUS WRIT PETITION No. - 582 of 2020
Petitioner :- Shalu Pal
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Birendra Singh,Yash Pratap Singh
Counsel for Respondent :- G.A.
Hon'ble Salil Kumar Rai,J.
Vakalatnama filed by Sri Sharad Kumar Srivastava, Advocate
on behalf of respondent nos. 4 and 5 is taken on record.
In pursuance to the previous order dated 10.11.2020, the corpus
Shalu Pal, i.e., petitioner no. 1 has been produced before this
Court by Lady Constable Ujaala, P. No. 192271370, Police
Station Bakewar, District Fatehpur.
The Court has made certain queries to the petitioner no. 1, i.e.,
corpus to ascertain her stand and the questions put to the
petitioner no. 1 and the answers giver by her are reproduced
below:-
Q. Kya naam hai aapka?
A. Shalu Pal.
Q. Kya umra hai?
A. 18 saal.
Q. Janamtithi kya hai aapki?
A. 'No answer.'
Q. Is samay kiske saath rah rahi hai?
A. Mata-pita.
Q. Aapki shadi ho gai hai?
A. Haan.
Q. Kab shaadi hui thi?
A. 2 march, 2020.
Q. Kisse hui thi?
A. Vijay Pal.
Q. Kya amit kumar se bhi shadi hui the?
A. Jor jabarjasti se kia tha.
Q. Aap kiske saath jana chahti hai?
A. Vijay Pal.
Q. Amit Kumar ke saath Nahi?
A. Amit kumar ke saath nahi jaungi.
In her answers the corpus Shalu Pal has clearly expressed her
willingness to stay with Vijay Pal, i.e,. the person with whom
she was married in March, 2020 and also states that she does
not want to go with Amit Kumar. She also states that her
marriage with Amit Kumar, allegedly held on 17.8.2020, was
not voluntary and was held under coercion.
In view of the aforesaid, the corpus is not in illegal confinement
and rule nisi issued by the court cannot be made absolute at the
instance of Amit Kumar. The rule nisi is discharged. The
petition for habeas corpus is dismissed.
Order Date :- 18.11.2020
Satyam
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