Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 331 of 2020

Petitioner :- Smt. Radhika Rahja And Another

Respondent :- State Of U P And 5 Others

Counsel for Petitioner :- Mohd Shamim Khan

Counsel for Respondent :- G.A.,Ashok Kumar Singh Bais

Hon'ble J.J. Munir,J.

In compliance with the rule nisi dated 08.07.2020 as

modified on 29.09.2020, the detenu Radhika Raheja has

been produced before this Court by lady Constable, Reet

Chaudhary (No. 1943) posted at P.S. Kotwali Nagar,

District Saharanpur The lady Constable, who has brought

the detenu, has identified her before this Court. This Court,

accordingly, proceeds to ascertain the detenu's stand in the

matter, which is recorded verbatim:

Q. Aapka Name?

Ans. Radhika Raheja

Q. Aapki Aayu Kitni Hain?

Ans. 23 years.

Q. Aapke Pitaji ka Kya Name hai?

Ans. Rakesh Raheja.

Q. Aap Kahan Se Aayi Hain?

Ans. Saharanpur se.

Q. Kiske Pass se Aayi Hain?

Ans. Apne Family ke Pass se.

Q. Family se Matlab?

Ans. Mummy-Papa.

Q. Aapne Shadi ki hai?

Ans. Ha Ji.

Q. Shadi Kisase ki hai?

Ans. Faisal se, Jo Ab Hindu Dharm Apna kar Apna Name

Raghav Rakh Liya Hai.

Q. Ab Aap Kiske Sath Jana Chahti hain?

Ans. Faisal@ Raghav ke Sath.

Q. Aapke Mummy-Papa ne Aapko Jabardasti Rakha

Hua Hai?

Ans. Ha Ji.

Q. Aapko Kuchh Aur Kahna Hai?

Ans. Ji. Humko Protection Chahiye aur Hamara Kuchh

Document Ghar par Chhoot Gaya Hai, Wo Sab Chahiye.

Q. Aapko Protection Kyon Chahiye?

Ans. Dhamki Milti Hai Ki Ladke Ko Mar Denge.

Q. Kaun Dhamki Deta Hai?

Ans. Papa aur Chacha.

Heard Mohd. Shamim Khan, learned counsel for the

petitioners, Sri A.K.S. Bais, learned counsel appearing for

respondent nos. 4 to 6 and Sri Indrajeet Singh, learned

AGA for the State.

Learned counsel appearing for respondent nos. 4 to 6 does

not dispute the fact that the detenue Radhika Raheja is a

major.

Looking to the statement of the detenu, which shows that

the second petitioner has married the first petitioner

according to the Hindu rites on 19.12.2019, and that the

detenu wishes to stay with second petitioner, her husband,

her detention by respondent nos. 4 to 6 cannot be

countenanced.

In view of the aforesaid stand, the rule nisi is made

absolute. This petition is, accordingly, allowed.

The detenu Smt. Radhika Raheja is ordered to be set at

liberty forthwith. She is free to go wherever she wants and

with whomsoever she wants to stay.

Since detenu Smt. Radhika Raheja has indicated her desire

to go and stay with her husband, Faisal @ Raghav, she is

free to do so.

Further looking to the fact that the detenu has expressed an

apprehension of violence, including honour killing at the

hands of her father and the father's brother, the S.S.P.,

Saharanpur is ordered to ensure that no harm or physical

violence is suffered by Smt. Radhika Raheja or Faisal @

Raghav at the hands of Rakesh Raheja and Rajan Raheja

both sons of Pyare Lal Om Prakash.

In case, any injury to their life or limb is sustained by

either of the petitioners, the S.S.P., Saharanpur whoever is

incumbent in office shall be personally answerable to this

Court.

The sum of Rs. 25,000/- which has been deposited by

petitioner no. 2 with the Registrar General in compliance

with order dated 08.07.2020 shall be remitted in the

account of petitioner no. 1 Radhika Raheja through an

appropriate bank instrument payable at Saharanpur.

Let this order be communicated to the S.S.P., Saharanpur

by the Joint Registrar (Compliance) within 24 hours.

Order Date :- 21.10.2020

Deepak