Advocates:
['RAVI SHANKAR TRIPATHI', 'G A', '', 'BHESHAJ PURI']

Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3987 of

2018

Petitioner :- Sejal @ Sahajal (Detenue)

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Ravi Shankar Tripathi

Counsel for Respondent :- G.A.,Bheshaj Puri

Hon'ble Vipin Sinha,J.

Hon'ble Ajit Singh,J.

Heard Sri Ravi Shankar Tripathi, learned counsel for the

petitioner, Sri Bheshaj Puri, learned counsel for the respondent

no.4 and learned A.G.A. for the State.

We have perused the personal affidavit of Ashok Kumar, the

S.S.P., Badaun, which shows that as per the High School-cum-

Marksheet certificate and medical report of the victim, the

victim was minor on the date of the incident and it appears that

accordingly Section 3/4 POCSO Act has also been added in this

case.

We also perused the medical of the victim, which shows that the

medical certificate issued by the C.M.O., Bareilly, the girl is

about 16 years of age and as per the Highschool marksheet she

is only 15 and half years.

Thus, in view of the aforesaid facts and circumstances of the

case, the Court hereby directs hat the corpus Sejal @ Sahajal

shall be taken back to Nari Niketan, Bareilly from where she

was brought to this Court today, till further orders are passed by

this Court in the present habeas corpus writ petition and they

are served upon the competent authority.

However, since the counsel for the father of the girl has made a

prayer before this Court that the custody of the girl may be

given to him, the Court proceeds to examine the corpus to know

her desire.

On being asked " aap ka naam kya hai', she informed the court

'mera naam Sejal @ Sahajal hai'. On being asked ' apke pita ka

naam kya hai', she informed the court 'mere pita ji ka naam

Thakur Shyamveer Singh hai', On being asked 'aap ke pita ji

yaha aaye hai or wo apko apne sath le jana chahte hai kya app

jana chahti hai', she informed the court 'mujhe apni jaan ka

khatra hai or main apne pita ji ke sath nahi jana chahti'.

Thus, the Court has been left with no other option but to

dismiss the present habeas corpus writ petition.

Accordingly, the present habeas corpus writ petition is

absolutely misconceived and is dismissed, at this stage.

Order Date :- 8.1.2019

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