Shivm Lodhi vs The State Of Madhya Pradesh
2021 Latest Caselaw 1157 MP

                                       1                         WA-335-2021


           THE HIGH COURT OF MADHYA PRADESH

                                WA-335-2021
                     (Shivam Lodhi Vs. State of M.P. & Others)

Gwalior, dated: 31.03.2021

               Shri U.K. Bohare, learned counsel for the appellant.

               Shri M.P.S. Raghuvanshi, learned Additional Advocate

General for State.

               Present intra-court appeal preferred u/S. 2 (1) of the

Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal)

Adhiniyam, 2005 assails final order dated 16.03.2021 passed in W.P.

No.6404/2021 by learned Single Judge while exercising writ

jurisdiction under Article 226 of Constitution of India dismissing

petition in question by which a writ of habeas corpus was sought by

the appellant/petitioner alleging his wife to be in unlawful

confinement/restraint of respondent No.6 (father-in-law of the

petitioner).

Learned counsel for the rival parties are heard on the

question of admission.

Learned Single Judge has found from averments in the

petition that the factum of marriage between the petitioner and corpus

is doubtful. Learned Single Judge also found that the age of corpus

was mentioned as 17 years in the FIR lodged by the father of the

corpus alleging offence of rape against the petitioner. Thus, the single

bench was of the view that corpus being minor cannot be said to be in 2 WA-335-2021

unlawful confinement or restraint in her parental home.

The reliance placed by learned counsel for petitioner upon

the judgment of Apex Court passed in Criminal Appeal No.1331/2013

(Hardev Singh Vs. Harpreet Kaur & Ors) on 07.11.2019 (Annexure P-

6), is of no avail since before the Apex Court challenge was to the

order passed by the High Court u/s. 482 Cr.P.C recalling its earlier

order giving protection to the appellant and his wife who had raised

the ground of their life, liberty and dignity being endangered.

After hearing learned counsel for rival parties, we see no

reason to take a different view than the one taken by learned Single

Judge.

In view of the offence of rape having been registered on

the behest of prosecutrix/corpus against the petitioner where corpus is

shown as minor, it would not be appropriate to enter into the merits of

the matter lest the investigation and the consequential enquiry and trial

may get prejudiced.

Consequently, this Court declines interference and

dismisses present writ appeal.

No cost.

                                                              (Sheel Nagu)                  (Anand Pathak)
                                                                 Judge                         Judge

        Aman

              Digitally signed by Aman Tiwari

DN: c=IN, o=High Court Of Madhay Pradesh

Aman Tiwari Bench Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef4b06 09a37510b8e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2021.04.06 18:26:01 +05'30'