Smt. Reshmi Devi vs State Of U.P.Throu Secy.Home ...
2013 Latest Caselaw 2149 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- HABEAS CORPUS No. - 169 of 2013
 

 
Petitioner :- Smt. Reshmi Devi
 
Respondent :- State Of U.P.Throu Secy.Home Deptt.Civil Sectt.Lko.& Ors.
 
Petitioner Counsel :- Dinesh Kumar Sharma
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ajai Lamba,J.

1.  This petition has been filed for issuance of a writ in the nature of habeas corpus through Daya Ram, who claims to be husband of Smt. Reshmi Devi, the alleged detenue. 

2.  Allegedly, Smt. Reshmi Devi was recovered from custody of the deponent and handed over in the custody of respondent no.4, father of the alleged detenue.  It has been pointed out that Case Crime No.8 of 2013 was registered under Section 363/366 I.P.C. in Police Station Baddupur, District Barabanki, in which statement of the prosecutrix had been recorded under section 164 Cr.P.C.  In the statement, prosecutrix, aged about 20 years, has not supported the case of the prosecution and has, rather, stated that she wanted to live with Daya Ram.  Physical relations were made with concurrence and she is pregnant.  She had gone with Daya Ram of her own freewill and accord.  Statement has been placed on record as Annexure-2.

3.  Issue notice to respondent no.4 through the Chief Judicial Magistrate, Barababnki, returnable on 23.5.2013. 

4.  In the meantime, Station House Officer, P.S. Baddupur, Distirct Barabanki, is directed to file his affidavit as to what action has been taken in consequence of the stand of the prosecutrix taken by her in her statement under Section 164 Cr.P.C.

5.  State is directed to ensure compliance.

Order Date :- 15.5.2013

A.Nigam