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ALLAHABAD HIGH COURT
SONIYA YADAV (CORPUS) – Appellant
Versus
State of U.P. AND 3 OTHERS – Respondent
HABC 513/2022



Court No. - 84

Case :- HABEAS CORPUS WRIT PETITION No. - 513

of 2022

Petitioner :- Soniya Yadav (Corpus)

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

Counsel for Petitioner :- Ravikant Shukla

Counsel for Respondent :- G.A.,Rajendra Prasad

Yadav

Hon'ble Rajendra Kumar-IV,J.

Learned counsel for the petitioner / corpus,

learned counsel for the respondent no. 4 and

learned AGA for the State are present.

In compliance of order dated 31.08.2022, personal

a昀케davit of corpus and counter a昀케davit 昀椀led by

learned counsel for opposite party no. 2 which are

taken on record.

On 31.08.2022, Court passed the following order :-

"In compliance with the rule nisi issued by this

Court on 18.9.2020, Ms. Soniya Yadav is present in

the court with her father-Opposite Party No.4.

Opposite Party No.4 identi昀椀ed Ms. Soniya Yadav

before this Court. This Court, accordingly,

proceeds to ascertain the stand of the detenu /

corpus in the matter, which is recorded verbatim

in the presence of her father.

Q. Appka naam kya hai ?

A. Soniya Yadav.

Q. Aapke pitaji ka naam kya hai ?

A. Raj Kumar Yadav.

Q. Aapki aayu kitni hai ?

A. 21 saal.

Q. Aap kahan tak padhi hain ?

A. BA Final.

Q. Aap kahan se aayi hain ?

A. Jhansi.

Q. Ye Ravindra Pratap Singh kaun hain ?

A. Ise main janti hu. Mera dost hai.

Q. Aap kiske pass thi ?

A. Pita ji.

Q. Aap kiske saath aai ho ?

A. Pita ji ke sath aai hun.

Q. Aap kiske saath jaana chahti hain ?

A. Main balig hun, achcha bura samajhti hun.

Ravindra ke sath jana chahti hun. Main apne pita

ke saath nahi jaoongi. Mere ghar wale mughe

paresaan karege. Mere ghar me bade chacha ki

chalti hai. Unhi ke kahne par log mughe paresaan

karte hai. Yadi mai wapis ghar jaoongi to pratarit

kiya jayega.

Considering the statement of detenu and facts of

this case, it is directed that corpus / detenu being

major shall 昀椀le her a昀케davit within two days and

other respondents may also 昀椀le counter a昀케davit,

if any.

List on 2.9.2022 in the additional cause list.

Both the parties shall remain personally present in

the court.

In the meantime, detenu shall not be subjected to

harassment by her family members."

Today, again corpus Soniya Yadav is present in

person before the Court. She has 昀椀led his personal

a昀케davit stating therein that she is major. She is

free to go anywhere and she wants to go with her

father. No body has detained her.

Considering the entire facts and circumstances of

the case, detenue being major and having gone

through the statement of detenue, she is free to

go anywhere with her choice.

In the circumstances, the present Habeas Corpus

Writ Petition stands disposed of.

The amount, if any, deposited in the Court is

directed to be released in favour of detenue.

Order Date :- 2.9.2022

Manoj

Digitally signed by MANOJ KUMAR

YADAV

Date: 2022.09.08 16:14:29 IST

Reason:

Location: High Court of Judicature at

Allahabad

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