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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.