Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3757 of 2018

Petitioner :- Kiranwati

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Munesh Kumar

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ghandikota Sri Devi,J.

When the case was taken up in the revise list afternoon session, the Court

was informed that in compliance of the earlier two orders of this Court

dated 11.10.2018 and 13.11.2018, Smt. Kiranwati has been produced

before this Court from by the police personnel however, during the course

of the argument/hearing itself, the Court has been informed that the corpus

was released from concerned Nari Niketan about six months ago and since

then she residing with her real taaee Kranti.

However, since the corpus is present before this Court today, the Court

proceeds to examine the corpus Kiranwanti.

The Court has examined corpus Kiranwati - petitioner no. 1, who has

made a statement before this Court that her age is 18 years, which is duly

supported by the medical examination report issued by Chief Medical

Officer (annexure no. 8), wherein it has been clearly mentioned that

Kiranwati is aged about 18 years. Corpus Smt. Kiranwati also made a

statement before the Court that "mera naam karanwati hai, mere pita ka

naam veer singh hai, main pichhle paanch mahine se apne taaee ke saath

rah rahi hun, mujhe apni taaee ke saath rahne mein bahut pareshani hai,

mujhe ek bacchi hui thi jise gharwalon ne maar diya (a fact which is

apparent from the statement of the corpus recorded under Section 161

Cr.P.?C.), main apni taaee ke sath surakshit nahi hun, main apne pati

kunwar pal ke saath uske ghar jaungi, main apni taaee ke ghar bilkul bhi

nahi jaungi."

Learned counsel for the petitioner has placed much reliance upon the

statement of corpus recorded under section 164 Cr.P.C., contents of which

are self explicit.

Corpus Kiranwati has identified Kunwar Pal as her husband, who in turn

identified corpus Karanwati as his wife.

Learned counsel for the petitioners has identified both the petitioners on

the basis of document produced before him in his chamber.

In view of the categorical statement made by corpus Kiranwati before this

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

petition and release the corpus in favour of Kunwal Pal through whom the

present habeas corpus writ petition has been filed.

Accordingly, the writ petition is allowed. The corpus Smt. Kiranwati is set

at liberty forthwith and permitted corpus Kiranwati to go with her husband

wherever she wants to go. It is made clear that no hindrance will be caused

in this regard and corpus is free to move from this Court along with her

husband.

Respondent no. 3 and the other family member are restrained from

interfering in any manner with the living together of petitioners as husband

and wife and in case any hindrance is caused or any threat is extended to

petitioners by respondent no. 3 and the other family member, they will be

personally answerable to this Court.

Order Date :- 5.12.2018

Kuldeep