Smt. Mandoli Thru. Her Father In ... vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 900 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- HABEAS CORPUS No. - 10984 of 2017
 

 
Petitioner :- Smt. Mandoli Thru. Her Father In Law & Next Friend Chaudhary
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Homes & Ors.
 
Counsel for Petitioner :- Neeraj Sahu
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Hon'ble Ravindra Nath Mishra-II,J.

1. This petition seeks issuance of a writ in the nature of Habeas Corpus directing respondent no.3 to produce the petitioner and set her at liberty. This petition also seeks issuance of a writ in the nature of CERTIORARI quashing order dated 01.05.2017 passed by Special Judge (POCSO ACT)/ Additional District and Sessions Judge, Court No. 1, Hardoi "State Vs Siddhu and others" passed in connection with Case Crime No. 237 of 2017 under Sections 363,366,376,352,504 and 506 I.P.C and Section 3/4 POCSO Act, Police Station- Kotwali Shahar, District- Hardoi.

2. Learned counsel has pointed out that the petitioner got married to Siddhu son of the deponent. The marriage has not been accepted by respondent no.4, consequently Crime No. 237 of 2017 (supra) has been registered. Learned counsel has drawn attention of the Court towards statement of the prosecutrix recorded under Section 164 Cr.P.C placed on record as annexure-6 in which it has been made evident that the petitioner is the prosecutrix and not an accused and, therefore, there is no reason in law or facts to confine the petitioner in Nari Niketan. Learned counsel has asserted that the facts and circumstances of present case are covered by judgment dated 17.09.2015 rendered by this Court in Smt. Poonam Vs. State of U.P and others.

4. Let respondent no.4 be served through S.H.O Police Station- Kotwali Shahar, District- Hardoi returnable on 29.05.2017.

5. List on 29.05.2017.

6. The respondent no.3 is directed to produce the petitioner in Court. Respondent no. 4 shall also remain present in Court.

7. Investigation Officer of Case Crime No. 237 of 2017 (supra) is directed to file his affidavit.

Order Date :- 19.5.2017

Pachhere/-