Court No. - 64

Case :- HABEAS CORPUS WRIT PETITION No. - 613 of 2020

Petitioner :- Smt. Shivani And Another

Respondent :- State Of U.P. And 7 Others

Counsel for Petitioner :- Akhilesh Kumar Singh

Counsel for Respondent :- G.A.

Hon'ble Salil Kumar Rai,J.

The Vakalatnama filed by Dr. Rajesh Kumar Srivastava,

Advocate on behalf of respondent nos. 5 to 8 is taken on record.

In pursuance to the previous order dated 20.11.2020, the

petitioner no. 1 / detenue has been produced before this Court

by Lady Constable 1284 - Km. Jyoti, P. No. 162026580, P.S.

Jhoni, District Meerut.

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. Shivani.

Q. Pita ji ka kya naam hai?

A. Rajeev.

Q. Aapki janamtithi kya hai?

A. 23.3.2001.

Q. Is samay kahan rah rahi hai aap jab police lekar aai thi?

A. Maata-pita ke saath.

Q. Aap apni maata-pita ke paas jabardasti rakhi gai hai ya apni marji se

rah rahi hain?

A. Apni marji se.

Q. Aapne Sagar se shadi kiya hai?

A. Nahi.

Q. Aap kiske saath rahna chahti hain, apne pita ji ke saath ya Sagar ke

saath?

A. Pita.

From the answers given by the corpus, it is evident that she not

only denies her marriage with petitioner no. 2 but states that she

is staying with her father - Rajeev (respondent no. 5)

voluntarily. It is evident that petitioner no. 1, i.e., the corpus has

not been kept in illegal confinement by her father. The corpus

has also indicated her desire to stay with her father and not with

the petitioner no. 2.

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

made absolute and is discharged. The petition is dismissed with

costs of Rs.50,000/-.

The petitioner no. 2 shall deposit the cost aforesaid with the

Collector, Meerut within 15 days from today. In case, the

petitioner does not deposit the said amount within the time

stated above, the Collector, Meerut shall take steps to recover

the said amount as arrears of land revenue from the petitioner

no. 2, i.e., Sagar, S/o Devendra, R/o Village Dalu Heda, Post

Mohmmadpur Dhomi, Police Station Jhoni, District Meerut,

presently resided at C-2, Ram Park, Loni Dehat, Police Station

Loni, District Ghaziabad. After the said amount is received by

the Collector, Meerut either after being voluntarily deposited by

Sagar or after having been recovered as arrears of land revenue,

the same shall be transferred in the account of the petitioner no.

1 within one week from receiving the said amount. The

aforesaid exercise shall, in any case, be completed within two

months from today.

Let this order be communicated to the Collector, Meerut by the

Joint Registrar (Compliance) within 24 hours.

Order Date :- 1.12.2020

Satyam