Advocates:
['SYED MOHAMMAD ABBAS ABDY', '', 'LALIT KUMAR TRIPATHI', 'G A']

Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3765

of 2018

Petitioner :- Sunil Kumar And Another

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

Counsel for Petitioner :- Syed Mohammad Abbas

Abdy,Lalit Kumar Tripathi

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Umesh Chandra Tripathi,J.

Heard Sri Lalit Kumar Tripathi, learned counsel for the

petitioners and the learned AGA for the State.

This petition for a writ of habeas corpus seeks relief for

restoring to her liberty Smt. Pushpa Devi, who is in

detention at the Nari Niketan, Khuldabad, Allahabad

under an order dated 3.11.2017 passed by Additional

Sessions Judge/Special Judge (POCSO Act), Kaushambi

in relation to case crime no. 229 of 2017, U/s 363, 366

and 376 (2) Jha IPC and Section 3/4 POCSO Act, P.S.

Charwa, District Kaushambi.

In compliance of the earlier order of this Court dated

12.10.2018, corpus Smt. Pushpa Devi has been produced

before this Court from Nari Niketan, Khuldabad,

Allahabad in custody by Lady Constable Geeta Devi

PNO 112354262 and Constable Mohd. Ahmed PNO 2919

Police Line Allahabad who have brought the girl before

this Court.

Contention of learned counsel for the petitioners is that

as per certificate issued by the Chief Medical Officer,

Kaushambi, the age of petitioner No. 2 (Smt. Pushpa

Devi) is 18 years. The age certificate issued by the Chief

Medical Officer, Kaushambi is annexed at page no. 49 of

the writ petition. It has been further contended that as per

statements recorded under Sections 161 and 164 Cr.P.C.,

annexed at page no. 51 of the writ petition, the petitioner

No. 2 (Smt. Pushpa Devi) has solemnized her marriage

with petitioner No. 1 (Sunil Kumar) on her own sweet will.

The corpus is present before the Court and Court

proceeds to examine the corpus Smt. Pushpa Devi.

On being asked "apka naam kya hai" she informs the

Court "Pushpa Devi". On being further asked "apki umra

kya hai" she informs that "20 saal". On being further

asked "app kitna padhi likhi hai" she informs the Court "

Mai padhi likhi nhi hu".

It is recorded that the boy and girl have identified each

other and their counsel has also identified them on the

basis of documents produced before the counsel in his

chamber.

Looking to the statement made by the girl before this

Court and also looking to the age of the victim as 18

years as per medical report and as per statements

recorded under Sections 161 and 164 Cr.P.C.,, a case for

grant of indulgence has been made out.

Keeping in view, the nature of controversy involved, no

purpose would be served in keeping the present case

pending before this Court.

Accordingly, the habeas corpus writ petition is allowed.

The corpus Smt. Pushpa Devi- petitioner No. 2 is

released from the custody of Nari Niketan, Khuldabad,

Allahabad forthwith and she is permitted to go wherever

she wants to go. It is made clear that no hindrance will be

caused in this regard and corpus Smt. Pushpa Devi -

petitioner No. 2 is free to move from this Court.

Order Date :- 15.11.2018

Jaswant