Afsana Bano vs State Of U.P. Thru. Secy. Home, ...
2013 Latest Caselaw 2171 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- HABEAS CORPUS No. - 170 of 2013
 

 
Petitioner :- Afsana Bano
 
Respondent :- State Of U.P. Thru. Secy. Home, Civil Sectt. Up Lko. & Ors.
 
Petitioner Counsel :- Manoj Kumar Misra
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1.  This petition for issuance of a writ in the nature of habeas corpus has been filed by Mohd. Nisar, who claims himself to be husband of the alleged detenue Afsana Bano, aged about 20 years.

2.  Allegedly, Afsana Bano has been sent to Women Protection Home, Faizabad, under directions of the Magistrate.  

3.  It has been asserted that the  alleged detenue has given her statement under Section 164 Cr.P.C. during investigation of Case Crime No.48 of 2013 under Sections 363/366 I.P.C., Police Station Motiganj, District Gonda.  As per the asserted facts, the prosecutrix has given statement favouring the husband and against the prosecution.

4.  Station House Officer, Police Station Motiganj, Distirct Gonda, is directed to file his reply by way of affidavit that since the prosecutrix has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C., what consequent action has been taken. The statement be also filed.

5.  Let notice be issued to Respondent no.3 Barkat Ali, returnable on 23.5.2013, through the Chief Judicial Magistrate, Gonda.  He is directed to remain present in court on the next date of listing.

6.  Afsana Bano is also directed to be produced by the Superintendent of Women Protection Home, Faizabad.

7.  State is directed to ensure compliance.

8.  Registrar is also directed to ensure compliance of this order.

Order Date :- 15.5.2013

A.Nigam