Court No. - 66 Case :- HABEAS CORPUS WRIT PETITION No. - 4003 of 2018 Petitioner :- Km. Ruby And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Pal Singh Counsel for Respondent :- G.A.,Arjun Singh Solanki Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued by this Court on 14.12.2018 that has been modified over the long pendency of this case, the detenu Ruby has been produced before this Court by lady constable Reena Sharma (PNO 192910213) posted at P.S. Sahawar, District Kasganj, who has identified the detenu before this Court. This Court accordingly proceeds to ascertain the detenu's stand, which is recorded verbatim:

Q. Aapka Name?

Ans. Ruby Q. Aapki Aayu Kitni Hai?

Ans. 21 years.

Q. Aapke Pitaji ka Kya Name hai?

Ans. Rameshwar Singh.

Q. Is Samay Aap Kahan se aayi hain?

Ans. Nari Niketan.

Q. Isse Pahle Aap Kahan Rahti Thi?

Ans. Apne Sasural Me.

Q. Sasural Me Kab se Thi?

Ans. Do Sal Se.

Q. Aapne Kisase Shadi Ki Hai?

Ans. Saurabh Singh Se.

Q. Saurabh Singh Ke Pitaji Ka Kya Name Hai?

Ans. Jogendra Singh.

Q. Saurabh Singh Kahan Rahte Hai?

Ans. Naraura, Bulandshahr me.

Q. Aapki Shadi Mohammad Rasid Se Hui Thi?

Ans. Nahi. Jhooth Bol Rahe Hain Sab.

Q. Aapne Apni Shadi Pitaji Ki Marzi Se Ki Hai Ya Apni Marzi Se?

Ans. Apni Marzi Se.

Q. Aapke Pitaji Ko Malum Tha Ki Aap Shadi Karne Ja Rahi Hai? Ans. Nahi.

Q. In Do Varshon me Aapka Apne Pitaji Se Samark Hua Tha Ya Nahi?

Ans. Nahi. Mai Gusse me Ghar Se Chali Gayi Thi.

Q. Garmit, Praveen, Kamal Singh aur Sintu Ye Log Aapko Utha Kar Le Gaye The?

Ans. Nahi. Mai Akele Gayi Thi.

Q. Akele Kahan Se Kahan Gayi?

Ans. Pahle Kasganj se Dadri, Phir Dadri Se Noida.

Q. Saurabh Se Kahan Mili?

Ans. Noida me.

Q. Saurabh Se Shadi Kahan Par Ki?

Ans. Badaun.

Q. Aap Naraura Kab Pahuchi?

Ans. 21.10.2018 ko.

At this stage of proceedings, Sri S.K. Pal, learned Government Advocate has produced before this Court a medical report from the Chief Medical Officer, Kasganj about the detenu's age based on an ossification test. She has been opined between the age 18- 19 years, as of date. On a question being put to Mr. S.K. Pal, learned Government Advocate as to why she was sent to the Nari Niketan by the Child Welfare Committee, this Court has been informed since her age in the FIR was indicated to be below majority, she was forwarded to the Nari Niketan, awaiting production before this Court. This was done by the Child Welfare Committee. Learned Government Advocate does not dispute the fact that as on date, the detenu is a major. A xerox copy of the medical report dated 13.10.2020, produced by the learned Government Advocate, is retained on record.

Heard Sri Ishtiyaq Khan, Advocate holding brief of Sri Ram Pal Singh, learned counsel for the petitioners, Sri Arjun Singh Solanki, learned Counsel appearing for respondent nos. 4, 5, 6 & 7 and Sri S.K. Pal, learned Government Advocate on behalf of the State.

Looking to the stand of the detenu Ruby, it is evident that that she is not at all in illegal confinement of anyone. She is staying of her free will with Saurabh Singh S/o Jogendra Singh, whom she claims to be married of her free will.

This Court has noticed that she is carrying a child in her lap presumably born of the wedlock of parties. It is also evident that respondent nos. 4, 5, 6 & 7 against whom there is an allegation that they have held the detenu in unlawful confinement or abducted her does not appear to be trustworthy.

In the circumstances of the case and considering the stand of the detenu, this Court does not find any good ground to make the rule nisi absolute. The rule is discharged. Accordingly, this petition is dismissed.

The detenu Ruby daughter of Rameshwar Singh is free to go back wherever she likes, including her husband, Saurabh Singh.

Order Date :- 2.11.2020 Deepak