Advocates:
['AFSHAN SHAFAUT', '', 'NEERAJ KUMAR PANDEY', 'G A', '', 'JADU NANDAN YADAV', 'ARIMARDAN YADAV']

Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 980 of

2019

Petitioner :- Sri Sudarshan And Another

Respondent :- State Of U.P. And 10 Others

Counsel for Petitioner :- Afshan Shafaut,Neeraj Kumar

Pandey

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued in this case, the detenue,

Pinki alias Sada Sukhi, has been produced before this Court by

respondent no.6, Jaiveer Singh, who has been identified by Sri

J.N. Yadav, learned counsel, appearing for the said respondents.

This Court accordingly, proceeds to ascertain her stand in the

matter:-

Q. Apka nam kya hai?

A. Pinki alias Sada Sukhi.

Q. Aapke pita ji ka nam?

A. Sudarshan.

Q. Aapki aayu?

A. 20 Saal.

Q. Aap padhi hain?

A. Nahi.

Q. Fir aapko aapki aayu kaise maloom?

A. Maloom hai.

Q. Shadi kab ki hain?

A. Kareeb do saal ho gaye.

Q. Shadi me koi jor jabarjasti huyee aapke sath?

A. Nahi.

Q. Aap kiske pas rahana chahti hain?

A. Apne pati ke pass.

Q. Pita ji ke pass jana chahti hain?

A. Nahi.

Heard Sri Neeraj Kumar Pandey, learned counsel for the

petitioners, Sri J.N. Yadav, learned Counsel for the respondent

nos.6 & 7, and the learned A.G.A. on behalf of respondent nos.

1 to 5. No one appears on behalf of respondent nos.8, 9 & 10.

Respondent no.8, Hem Singh, has been produced before this

Court, in police custody in compliance with the non-bailable

warrants issued, vide order dated 24.9.2020 by Inspector, Pappu

Singh, posted at Police Station-Bela, District Auraiya. The fact

that the detenue, Pinki alias Sada Sukhi has been produced, the

presence of respondent no.8, Hem Singh is no longer required.

He is permitted to go free. Two others against whom non-

bailable warrants were issued, Jaiveer Singh and Ausan Singh

have appeared on their own.

Looking to the stand of the detenue, Pinki alias Sada Sukhi,

their presence is also not required any further. They are

permitted to go free. The non-bailable warrants earlier issued

against the respondent nos. 6 to 8 stand satisfied and these

respondents are discharged.

Looking to the stand of the detenue, Pinki alias Sada Sukhi, this

Court notices that apart from the stand of the detenue, Pinki

alias Sada Sukhi, it is apparent that she is carrying a child in her

lap. Going by her stand that she has married Jaiveer Singh,

respondent no.6 of her free will and is living with him of her

own accord, it is apparent that she is not in any kind of illegal

confinement or detention. She is a major and entitled to stay

wherever she likes.

In the circumstances, the rule nisi issued in this case, cannot be

made absolute. The rule is discharged.

The petition is dismissed.

The sum of Rs.10,000/- deposited by the first petitioner under

orders of this Court, shall be remitted by the Registrar General

forthwith for the benefit of the second petitioner, Pinki alias

Sada Sukhi in the Bank Account of her husband resondent no.6,

Jaiveer Singh, through an appropriate bank instrument payable

at Auraiya.

The detenue, Pinki alias Sada Sukhi shall be escorted back to

her husband's place along with her husband by the police, but

free. The Registrar General, shall take steps to provide

necessary security for the purpose.

Order Date :- 15.10.2020

Neeraj