Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3712 of

2018

Petitioner :- Smt. Preeti Kumari And Another

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

Counsel for Petitioner :- Shailendra Kumar Rai,A.S.G.I.

Counsel for Respondent :- G.A.,Intekhab Alam Khan

Hon'ble Vipin Sinha,J.

Hon'ble Ghandikota Sri Devi,J.

Heard learned counsel for the petitioners, learned A.G.A. and

Mr. Intekhab Alam Khan, learned counsel for respondent no. 5.

We have also perused the earlier order dated 03.12.2018, and in

pursuance of the order, the Court has been informed that both

the petitioners are present before the Court, thus with the

consent of learned counsel for the petitioners as well as learned

A.G.A., the Court proceeds to examine the corpus namely

Preeti.

On being asked 'ki aap ka naam kaya hai', she informed the

Court 'ki mera naam Preeti hai'. On being asked 'ki aap ke pita ji

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

Awadhesh hai'. On being asked 'ki aap kiske dabav mein shadi

ki hai', she informed the Court 'ki maine shadi apni marzi se ki

hai aur mein apne pati ke saath jana chahti hun' both the

petitioner nos.1 and 2 have identified each other. At this stage,

the mother of the petitioner no. 1 ie Smt. Pavitri @ Parvati devi

is present before this Court, she states that she does not want to

pursue the case and has no objection to conclude the

proceedings. The Court further proceeds to examine the mother

of the girl as to her desire to conclude the present proceedings

and to allow the Habeas Corpus Writ Petition.

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

Court,'ki mera naam pavitri @ parvati hai' she has identified the

corpus as her daughter. On being asked, 'ki kya aap chahti hai ki

beti ko pati ke saath jane de', she replied, 'ha chahti hun ki apne

pati ke saath jae aur khush rahe'. On further being asked by the

corpus-Preeti, 'ki kya aap chahti hai ki kuch paisa aapke naam

jama karva de' the corpus-Preeti informed the Court, 'nahi'.

In view of the statements made above by the girl and her

mother and in keeping in view the facts and circumstances of

the case i.e. age of the girl is 18 which is admittedly the

statement made by the girl before this Court, there is no purpose

will be served in keeping the matter pending before this Court.

The corpus Preeti is present before the Court, and is free as to

where she wants to go and no hindrance in her free movement

will be placed by any of the respondents.

Accordingly, the habeas corpus writ petition is allowed.

However, liberty is given that in case it is found that some facts

has been concealed, in the present writ petition, the person

concerned shall file a recall application before this Court to

recall the present order.

Order Date :- 19.12.2018

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