Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3967 of 2018

Petitioner :- Priyanka Pandey

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

Counsel for Petitioner :- Dinesh Kumar Misra

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ghandikota Sri Devi,J.

In pursuant to the order dated 12.12.2018, the corpus, Priyanka

Pandey has been produced before this Court in the custody of

Head Constable Ashok Kumar Yadav (972765290), Woman

Constable Gunja Viswakarma (152760438). Sri Rajesh Mishra,

learned AGA also filed a short counter affidavit annexing

thereto a copy of the statement of the girl under Section 161

Cr.P.C. as well as the certificate issued by Chief Medical

Officer, Varansi which shows the age of the girl is 19 to 20

years. We have also perused the statement of the girl, a copy of

which has been annexed as Annexure No. 1 to the writ petition.

The present Habeas Corpus Writ Petition has been filed on

behalf of the corpus, Priyanka Pandey, through her grand father

Pramod Pandey.

Since the Court has been informed that girl is present before

this Court, the Court proceeds to examine the corpus:

On being asked aapka nam kya hai, she informs the Court

"mera nam Priyanka Pandey hai". On being asked "aap kaha se

aayi hai" she says "mujhe police le ke aayi hai Kashi Anathalay,

Varansi se", She says "ki mai 15 September ko ghar se bhag

gayi thi", she informs the Court "mai Rohit Sonkar ke sath ghar

se gayi thi", on being asked "kaha se pakada" she says "police

ne mughe Chetganj se pakad liya, uske bad Rohit ko jail bhej

diya aur mujhko Nari Niketan me bhej diya". On being asked

"aapki mammi yaha aayi hai unke sath jana chahengi", she says

"nahi". On being asked "kya apne pita ji, grand father se milna

chahengi", she says "ki mil liya". On being asked "aapke pati

Rohit jinke sath app bhagi thi wo abhi jail me hai kya aap apni

mammi papa ya dada ke sath jo aaye hai jana chahengi", she

says "nahi".

In view of the statement made by the girl before this Court and

in view of the fact that Rohit, with whom the girl had eloped is

now in jail as on date and also in view of the categorical

statement made by the girl before this Court that she would not

like to go with her father, grand father or mother, this Court has

been left with no option but to send the girl back to orphanage

from where she has been brought here in custody. She will

remain at the orphanage till such time some suitable orders are

received from the court of competent jurisdiction. This Court

cannot leave the girl subject to destitute at the mercy of the

vagabond at the streets. In view of the interest of the girl and

this being a welfare state, the Court directs that girl be taken

back to the orphanage, where she would be kept and will be

well looked after.

The writ petition stands rejected.

Order Date :- 17.12.2018

V.S.Singh