Allahabad High Court
Savitri And Another vs State Of U P And 3 Others on 12 May, 2022
Bench: Anjani Kumar Mishra, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- HABEAS CORPUS WRIT PETITION No. - 340 of 2022
Petitioner :- Savitri And Another
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Ram Singh
Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J.
Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The Habeas Corpus Petition has been filed seeking the following relief -
(i) Issue a writ, order or direction in the nature of habeas corpus directing the respondent no.2 to produce the petitioner no.1 (corpus Smt. Savitri) before this Hon'ble Court for recording her statement and further direct the respondent no.2 to release the petitioner no.1 (corpus Smt. Savitri) from its custody in favour of petitioner no.2.
It appears that a first information report was lodged on 20.11.2020 by the 4th respondent giving rise to Case Crime No.293 of 2020, under Sections 363 & 366 IPC, Police Station Kotwali Dehat, District Banda alleging therein that the daughter of the first informant, namely, Savitri aged about 14 years had been enticed away by Samit Aarakh s/o Indrajeet on 19.11.2020 at about 2.00 p.m.
It is also alleged that the petitioner no.1 in this petition, namely, Savitri is major and that she had gone with petitioner no2 out of her own free will and both have solemnized their marriage.
It is further alleged that the petitioner no.1 on her own violation went to the police station to inform the police authorities about her marriage. The police sent her for medical examination and thereafter, she was produced before the Civil Judge (Junior Division), Banda. It is alleged that a forged and fabricated school leaving certificate of the petitioner no.1 was produced by the first informant, which shows that she was minor.
The corpus was thereafter produced before Child Welfare Committee, Banda on 27.04.2021. The Child Welfare Committee, Banda on 27.08.2021 finding that the petitioner no.1 was minor and since she did not want to go with her parents, directed that she be sent to the children home i.e. the State Bal Grah (Balika), Khuldabad, Prayagraj.
The petitioner no.2, thereafter filed an application for release of the petitioner no.1 before the Additional Sessions Judge, 4th Banda, which application was rejected. It is thereafter that this petition for Habeas Corpus petition has been filed.
This Court has in an earlier decision dated 11.05.2022 passed in Habeas Corpus Writ Petition No.287 of 2022 in the similar circumstances held as follows -
"In view of the reasons given above and since the order passed by the Child Welfare Committee in exercise of powers under Section 27(9) of the Act is a judicial order, the detention of the corpus in the children's home at Kanpur Nagar, Kanpur is in pursuance of a judicial order the instant Habeas Corpus petition is not maintainable.
Moreover, since the issue of maintainability of a Habeas Corpus petition against an order of the detention in children's home passed by the Child Welfare Committee under Section 27(9) of the Act has not been dealt with in the judgment in Kajal (supra) cited by learned counsel for the petitioners, he is not entitled to any benefit under the cited judgment.
Accordingly and in view of the above, this Habeas Corpus petition fails and is dismissed as not maintainable."
Accordingly and in view of the above decision and since the detention of the petitioner no.1 in the State Bal Grah (Balika), Khuldabad, Prayagraj, itself cannot be said to be illegal, the instant writ petition is also held to be not maintainable.
It is, accordingly dismissed as not maintainable.
Order Date :- 12.5.2022
RKM
