HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH High Court of Judicature at Allahabad Lucknow Bench Lucknow Court No. - 27 Case :- HABEAS CORPUS No. - 316 of 2011 Petitioner :- Km. Monika Singh And Another Respondent :- State Of U.P.Through Prin. Secy. Deptt. Of Home Civil Sectt Petitioner Counsel :- Rajendra Pratap Singh,Yaduvansh Mani Singh Respondent Counsel :- G.A. Hon'ble Devi Prasad Singh,J.
1.Heard the learned counsel for the petitioner, learned A.G.A. and perused record.
2.Petitioner No.2 Smt. Lalti Singh, the mother of Km. Monika Singh, petitioner No.1 is also present. Statement has been made by Smt. Lalti Singh that Kaish is very well available in the district Chhatrapati Sahuji Maharaj Nagar and threatening calls are being given by Kaish to her and her family members to withdraw the present writ petition. It has further been stated by her that on the nearby Chauraha to her residence, aforesaid Kaish uses to come on motorcycle to threat her and the family members. The occurrence is of 18.5.2011. She has further stated that till date, the girl has not been recovered.
3.It has been stated by the learned Additional Government Advocate that admittedly, the girl was minor and earlier, when the petitioner No.1 Km. Monika Singh was kidnapped, she was recovered and produced before this Court and again, kidnapping has been done.
4.In case, there is imminent danger and threat to petitioner's life, then necessary security should have been provided by the Superintendent of Police so that Kaish could not have repeated the same crime. It appears that because of inaction on the part of the police of the district, aforesaid Kaish dared to kidnap the girl again who is admittedly minor.
5.The Superintendent of Police District Chhatrapati Sahuji Maharaj Nagar is directed to constitute a team to recover the detenue petitioner No.1 and produce her before this court on the next date of listing. If necessary, appropriate security shall be given to the petitioners so that the petitioners may not suffer any bodily and other harm by aforesaid Kaish and his associates.
6.In case the girl is not recovered, the Superintendent of Police District Chhatrapati Sahuji Maharaj Nagar shall file his personal affidavit pointing out the reasons for not recovering the girl vis-a-vis petitioners security. The Investigating Officer shall appear before this Court on the next date of listing along with record.
7.List on 28.6.2011.
Order Date :- 10.6.2011 Rajneesh AR-PS) A copy of this order be given to petitioner's counsel on usual charges within two days.
Order Date :- 10.6.2011 Rajneesh AR-PS)