Advocates:
['KRISHNA MOHAN SINGH', 'G A', '', 'RAJESH KUMAR PANDEY', 'RAJESH KUMAR SINGH']

Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3133 of 2018

Petitioner :- Rani Sharma And Another

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

Counsel for Petitioner :- Krishna Mohan Singh

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Mahboob Ali,J.

Heard learned counsel for the petitioners, Sri Rajesh Kumar Singh has put

in appearance on behalf of opposite party no. 5 and learned AGA for the

State.

In compliance of the earlier order of this Court dated 01.05.2018, corpus

Rani Sharma has been produced before this Court from Nari Samprekshan

Grih, Nidhariya, Ballia in custody by SI Raj Singh Yadav PNO 882300045

and Lady Constable Priya Singh PNO 162192155 Police Station Sahatvar

District Ballia who has brought the girl before this Court.

Corpus Rani Sharma - petitioner has identified Sonu Sharma as her

husband, who in turn identified Rani Sharma petitioner as his wife.

The corpus is present before the Court and Court proceeds to examine the

corpus.

On being asked from petitioner "apka naam kya hai" she informs the Court

"Rani Sharma". On being asked "apke pita ji ka naam kya hai" she informs

the Court "Jaleshwar Sharma". On being further asked "apki umra kya hai"

she informs that "mein 18 se upar huu". On being further asked "kya apne

shaadi ki hai" she inform that " Ha maine Sonu Sharma se shaadi ki hai."

On being asked "kya shaadi apne apni marzi se ki hai ya kisi ke dabao me

aakar" she inform that Court clearly "ki meine apni marzi se shaadi ki hai

bina kisi ke dabao ke". On being asked "kya apke pati Sonu Sharma Court

mein aaye hai she informs that "ha aye hai". On being asked "yaha se aap

kaha jana chahti hai" she informs "mein apne pati ke sath jana chahti huu".

Learned counsel for the petitioners have drawn the attention of the Court

to the statement under Section 164 Cr.P.C. which is annexed at page 25 of

the writ petition.

As per medical report of CMO Ballia the age of the corpus is 18 years.

In view of the categorical statement made by corpus Rani Sharma before

this Court today, the Court has been left with no option but to allow the

petition and release the corpus in favour of her husband.

In view of the aforesaid facts and circumstances of the case and also

keeping in view the law as laid down by the Apex Court rendered in the

cases of Suhani & Another v. State of U.P. & Ors. passed in civil

appeal no. 4532 of 2018 decided on 26.04.2018 and keeping in view the

law as laid down by the Division Bench of this Court (Lucknow Bench)

rendered in cases of Vishal Jaiswal And Another v. State of U.P. and

Others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and

Shaheen Parveen And Another vs. State of U.P. and Orthrs passed in

writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the

cases of Lata Singh vs. State of U.P. and another, reported in 2011 (6)

SCC 396 (2014) and Shakti Vahini vs. Union of India passed in writ

petition (civil) no. 231 of 2010, no purpose would be served in keeping

the present case pending before this Court.

Accordingly, the writ petition is allowed. The corpus Rani Sharma-

petitioner who is present in Court is released from the custody of Nari

Samprekshan Grih, Nidhariya, Ballia 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 Rani Sharma - petitioner is free to move from

this Court.

Order Date :- 28.5.2018

Ujjawal