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Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3947 of 2018

Petitioner :- Varsha

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Ajay Kumar Vashistha

Counsel for Respondent :- G.A.,Vijendra Pal Singh

Hon'ble Vipin Sinha,J.

Hon'ble Ajit Singh,J.

Heard Sri Ajay Kumar Vashistha, learned counsel for the

petitioner, Sri Vijendra Pal Singh, who has put in appearance on

behalf of the respondent no.6, the father of the girl/first informant

and Sri Rajesh Mishra, learned AGA appearing for the State.

Today when the case is taken up learned AGA has produce a

copy of medical certificate of the girl issued by the Chief Medicinal

Officer, Kanpur Nagar, which was done in compliance of the earlier

order passed by this Court, which shows that the age of the girl is

19 years. It is an admitted position that the marriage of the girl was

fixed and lagan ceremony was to take place on 23.04.2018,

however the girl has eloped one day prior to her lagan ceremony

i.e. on 22.04.2018. Reliance has also been placed on the statement

of the girl under Section 164 Cr.P.C., copy of which is annexed on

page no.42 of the writ petition, wherein she states that ^^fd geus dksVZ esa

'kknh dj yh Fkh fQj ogkaW ls ge cMdy] gfjk;k.kk esa jg jgs Fks rc ls ge ogha jg jgsa gSaA

esjs vkSj dqynhi ds chp ifr&iRuh tSls lEcU/k gSaA eSa mldh iRuh gwaW vkSj oks esjk ifr gS eS

xHkZorh gks x;h gwaW vkSj eS dqynhi ds lkFk gh jguk pkgrh gwaW] ;gh esjk c;ku gSA** On

being asked in the statement ^^fd D;k rqEgsa dksbZ cgyk&Qqlyk dj ys x;k Fkk]

she said ^^ugh eS viuh ethZ ls x;h FkhA**

We have also perused the earlier order dated

19.12.2018, the said order is being extracted herein

below:-

“This habeas corpus writ petition has been filed

on behalf of corpus Varsha through her husband

Kuldeep Kumar.

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When the matter was taken up before this Court

on 4.12.2018, following order was passed:

"The present habeas corpus writ petition has

been filed on behalf of corpus Smt. Varsha -

petitioner no. 1 through her husband Kuldeep -

petitioner no. 2. Smt. Varsha is an adult, aged about

19 years as per F.I.R. lodge. Her marriage fixed for

the next day before she elapse. she has solmenized

marriage with petitioner no. 2 out of her own sweet

will without any fear, threat or coercion. Much

reliance has been placed upon the statement of the

corpus recorded under section 164 Cr.P.C., contents

of which are self explicit. The copy of the said

statement has been annexed at page no. 42 of the

writ petition.The girl is having pregnancy and the

marriage is registered as per statement made in page

No.32.

In view of the aforesaid facts and

circumstances, no case for grant of indulgence is

made out.

Learned AGA has accepted notices on behalf of

respondent nos. 1,2, 3 & 4.

Issue notice to respondent no. 6, which shall be

served through CMM, concerned. The notice will

clearly reflect the next date fixed in the matter is

19.12.2018 on which date respondent no. 6 shall be

personally present before this Court. The notice shall

also specify that on the said date, the matter shall be

heard and decided finally.

The CMM concerned after effecting service

upon respondent no. 6 shall submit a report before

this Court through the office of Registrar General of

this Court.

In view of the averments as made in the habeas

corpus petition, the learned AGA is directed to ensure

the presence of corpus Smt.Varsha before this Court

on the next date of listing i.e. 19.12.2018.

List on 19.12.2018, on which date corpus Smt.

Varsha shall be produced before this Court."

In pursuance of the said order, corpus Varsha

has been produced before this Court in custody of

S.I. Girish Kumar Pachauri and Lady constable

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Rekha Yadav, police station Soron District Kasganj.

Sri Vijendra Pal Singh Advocate has put in

appearance on behalf of respondent no.6 and prays

for a short time for filing counter