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Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3881 of 2018

Petitioner :- Neha Kumari Corpus And Another

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

Counsel for Petitioner :- Piyush Kant Vishwakarma

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ghandikota Sri Devi,J.

Heard Sri Piyush Kant Vishwakarma, learned counsel for

the petitioners and Sri Rajesh Mishra, learned AGA appearing

for the State.

We have perused the order dated 17.11.2018 of this

Court, by means of which the notices were issued to the

respondent no.5. The order dated 17.11.2018 is quoted herein

as under:-

"The counsel for the petitioner is permitted

to delete the name of respondent no.4 from the

array of parties. He is also given permission to

implead the concerned Rajkiya Balika Grih,

Nidhariya, Ballia where the girl has been

detained, as respondent no.4, today itself.

Heard Sri Piyush Kant Vishwakarma,

learned counsel for the petitioners and Sri Rajesh

Mishra, learned AGA appearing for the State.

The present Habeas Corpus Writ Petition

has been filed on behalf of the corpus Neha

Kumari through her husband Mohit Kumar.

The contention of the counsel for the

petitioners is to the effect that the girl as per the

medical is 18 years of age, copy of the said

medical certificate has been annexed on page

no.37 of the present Habeas Corpus Writ Petition.

The contents of which are self explicit. The further

contention is that the girl has given her statement

under Section 164 Cr.P.C. in favour of her

husband, stating that she is not an accused and

she is not a victim of any crime whatsoever,

however, without application of mind she has

been send to Rajkiya Balika Grih, Nidhariya,

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Ballia. The further contention is that the girl has

been illegally detained against her wishes at the

said protection home without any sanction of law.

In view of the aforesaid, the case of

indulgence has been made out.

Learned AGA appears of respondent nos. 1

to 4.

Issue notice to the respondent no.5.

The notices on respondent no.5 will be

served through Chief Judicial Magistrate,

Jaunpur. In the said notice it is clearly mentioned

that the case will be heard and disposed of finally

on the next date of listing.

List this case on 11.12.2018, by which date

all the respondents may file their reply, if any. The

respondent no.5 shall be personally present

before this Court on the next date.

Sri Rajesh Mishra, learned AGA appearing

for the State will ensure compliance of this order

and will also ensure the production of the corpus

Neha Kumari before this Court on the next date of

listing.

Let a copy of the order be communicated to

the office of Government Advocate by Monday

i.e. 19.11.2018."

We have also perused the order dated 18.10.2018 of the

Chief Judicial Magistrate, Court No.11, Jaunpur, where the

findings has been recorded herein as under:-

^^ihfMrk }kjk U;k;ky; ds le{k vius ifjokj ls tku ls

[krjk crk;k x;k gS rFkk mlds }kjk /kkjk 161 ,oa 164 na0iz0la0

ds c;ku esa ;g mfYyf[kr fd;k x;k gS fd mlus viuh ethZ ls

vfHk;qDr ls fookg dj fy;k gS rc ,slh ifjfLFkfr esa ihfM+rk dk

mlds ekrk firk dks lqiqnZ djus ls mldh lqj{kk ij ladV mRiUu

gks ldrk gSA pwafd ihfM+rk vo;Ld gS mls mldh Lora= bPNk ij

NksMs tkus ls og iqu% vfHk;qDr ds ikl pyh tk;sxh ftlls fof/kd

izfdz;k dk nq:i;ksx lEHko gSA vr% lexz rF;ksa ,oa ifjfLFkfr;ksa dks

n`f"Vxr j[krs gq, mlds o;Ld gksus rd mls efgyk laj{k.k x`g esa

gh j[kuk U;k;ksfpr gksxkA**

In view of the statement made by the girl before the Chief

Judicial Magistrate, Court No.11, Jaunpur, the Court

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proceeding to examined the corpus namely Neha Kumari, with

the consent of learned counsel for the petitioners as well as

learned AGA, who is present before the Court in compliance of

the order dated 17.11.2018 passed by this Court and she has

been brought from Rajkiya Balika Grih, Nidhariya, Ballia, in the

custody of Sub-inspec