Court examined the statement of the detenue in a habeas corpus petition. The detenue admitted marrying the accused and living voluntarily with him. Rule discharged; writ petition dismissed.
Rule discharged; habeas corpus writ petition dismissed.
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Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 360 of 2020
Petitioner :- Sangeeta And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ved Prakash Mishra Counsel for Respondent :- G.A.,Saurabh Yadav,Shivam Yadav,Vineet Kumar Singh
Hon'ble J.J. Munir,J.
Vakalatnama has been filed by Sri Shivam Yadav and Sri Saurabh Yadav, Advocates on behalf of respondent no.4, which is taken on record.
Heard Sri Ved Prakash Mishra, learned counsel for the petitioners, learned A.G.A. appearing on behalf of the State and Sri Saurabh Yadav, learned counsel for respondent no.4.
In compliance with rule nisi issued by this Court on 03.09.2020, the detenue, Sangeeta daughter of Rampal was examined by the learned Chief Judicial Magistrate, Shahjahanpur on 04.09.2020. The recorded statement of Sangeeta, regarding the claim of unlawful detention, has been forwarded to this Court by the learned Chief Judicial Magistrate, Shahjahanpur on 07.09.2020 (through electronic mode), which reads to the following effect:-
“ihfM+rk laxhrk c;ku nsus dh lgh euksn'kk esa gSaA laxhrk usa 'kiFk iwoZd dgk fd &
esjh vk;q 24 o"kZ gSA eSa d{kk 10 rd i<+h gwWA eSa viuh ethZ ls foosd mQZ fiUVw ds lkFk pyh x;h FkhA eSaus viuh ethZ ls foosd ls 'kknh dj yh gSA eSa vius ifr foosd mQZ fiUVw ds lkFk lgh lyker vius llqjky esa jg jgh gwWA esjs Åij fdlh dk dksbZ tksj ncko ugha gSA cyohj] ujohj] iq"isUnz esjs xkWo ds gSaA eq>s buls dksbZ f'kdk;r ugha gSA c;ku djkus ds fy, U;k;ky; rd vkus esa eSa lgh izdkj ls vk;h gwWA eq>s fdlh us Mjk;k&/kedk;k ugha gSA eSa vius ifr ds lkFk jguk pkgrh gWwA
c;ku tSlk cksyk x;k gS] lqudj lgh gksuk Lohdkj fd;kA U;k;ky; esa cksydj vafdr fd;k x;k gSA Sd/Sd/4.9.2020”
A perusal of the stand taken by the detenue, Sangeeta, does not spare a shadow of doubt that she is staying with Vivek @ Pintu of her free will. She has married him. She has done so without any coercion. She wants to stay with her husband, Vivek @ Pintu.
Looking to the aforesaid stand of the detenue-Sangeeta, there is no good ground to make the rule absolute. The rule is discharged.
The writ petition is dismissed.
Order Date :- 9.9.2020 Atul
1 issue framed by the court
Whether the petitioner is detained against her will or with the consent of her husband.
Sangeeta
State of U.P.
Munir, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
