Case :- HABEAS CORPUS WRIT PETITION No. -…
Rule nisi discharged; petition dismissed; petitioners father and brother ordered released.
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Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 281 of 2020
Petitioner :- Ansari Sameena Nizamuddin @ Sameena And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishe Pandey,Sushil Kumar Sharma Counsel for Respondent :- G.A.,Mohd. Aslam Khan
Hon'ble J.J. Munir,J.
In this case, it is reported in the affidavit of compliance, filed today, that the Police had virtually to wage a battle if not a war to execute the rule nisi issued by this Court and produce Ms. Ansari Sameena Nizamuddin @ Sameena before this Court. It is averred that the Police were obstructed by the locals who assaulted them violently. The members of the first petitioner's family threw chilly powder in the eyes of the police personnel. An FIR in this regard, bearing Case Crime No. 349 of 2020, under Sections 147,149,323,504,506,336,332,352,353 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Nahtaur, District Bijnor has been lodged. A copy of that first information report is on record as Annexure 2, annexed to the affidavit of compliance.
The police shall take strict action in bringing the offenders to justice who attempted to obstruct the process of this Court. The S.P., Bijnor, who is present in Court takes notice of this order.
In compliance with the rule nisi issued, Smt. Ansari Sameena Nizamuddin @ Sameena, petitioner no. 1 has been produced before this Court by the S.P., Bijnor, who has identified the detenue before this Court. The court, accordingly, proceeds to ascertain the stand of the first petitioner which is recorded, verbatim :
Q. Aapka naam?
A. Ansari Sameena Nizamuddin.
Q. Aapke pitaji ka naam?
Q. Aapki aayu?
A. 17 years.
Q. Aapne shadee kee hai?
A. Nahi.
Q. Ye tasveere kiski hain? (pointing to the marriage photographs annexed to the petition, the question was asked)
A. Jabarjasti kheechi gayi hai.
Q. Aap kiske sath rahna chahati hain?
A. Apne father ke sath.
Looking to the stand of Ms. Ansari Sameena Nizamuddin @ Sameena, petitioner no. 1, it is clear that she is staying with her parents of her free will and she has disowned her marriage to the second petitioner. It is a person's choice to stay wherever he/she wishes. The High School Certificate of the petitioner no. 1 shows her date of birth to be 05.08.2001 which reckons her to be 19 years at present. Being an adult, the first petitioner is free to go and stay wherever she likes. She has indicated her desire to stay with her parents.
In the circumstances, the rule nisi issued by this Court cannot be made absolute. The rule is discharged and the petition is dismissed . The first petitioner is present before the Court. Her father is also present before this Court, as also Azimuddin, her brother. The father and brother have been brought before this Court under arrest in compliance with the non bailable warrants for their production. They are ordered to be released forthwith. Petitioner no. 1 is free to accompany her father and to go wherever she wants and stay with whomsoever she desires. The police personnel, who have brought them before this Court, are discharged of their assignments. The S.P., Bijnor is also free to go.
However, this order will not prevent the police from arresting any of the accused in connection with Case Crime No. 349 of 2020, under Sections 147,149,323,504,506,336,332,352,353 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Nahtaur, District Bijnor.
Let this order be communicated to the Superintendent of Police, Bijnor by the Joint Registrar (Compliance) within 24 hours.
Order Date :- 29.9.2020
BKM/-
Ansari Sameena Nizamuddin @ Sameena
State Of U.P.
Munir
As recorded by the court registry
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