Habeas corpus petition filed by a minor seeking relief for her major daughter dismissed. Court held that final police report stating the girl is living voluntarily renders the petition futile.
Direction to produce petitioner before court and set at liberty dismissed.
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Court No. - 90 Case :- HABEAS CORPUS WRIT PETITION No. - 782 of 2021
Petitioner :- Km. Shimpi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Pandey Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard Sri Rohan Gupta holding brief of Sri Anurag Pandey, learned counsel for the petitioner, learned A.G.A. and perused the record.
By means of this petition, Smt. Kanti Devi seeks direction from this court commanding the respondents to produce the petitioner before this court and set her at liberty.
According to the petitioner - Smt. Kanti Devi her minor daughter - Km. Shimpi has been enticed away by the respondent no. 4 and the prayer is made accordingly.
Learned A.G.A. has received the instructions. Admittedly, the first information report No. 616 of 2020 under Sections 363 and 366 I.P.C. has been registered by Smt. Kanti Devi and after investigation the final report is reported to have been submitted.
The medical report of the girl has been produced before the court according to which the age of the girl is about 19 years. The statement of the corpus under Section 164 Cr.P.C. has also been placed before the court according to which the corpus has stated that she has left her parental home on her own sweet will as she was being harassed by her mother and was compelled to consume alcohol. She does not want to live with her mother. The copy of final report has also been produced before the court wherein it has been mentioned that the girl is major and as per her own will she is living with the respondent no. 4 - Govind.
Since the final report has been submitted in the case, therefore, in my opinion going through the above facts no purpose shall be fulfilled if the petitioner is ordered to be produced. The habeas corpus petition has no force and is liable to be dismissed.
The writ petition is dismissed .
Order Date :- 9.3.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.03.11 14:58:08 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a habeas corpus petition seeking release of a major girl domiciled with a relative after final police report should be allowed.
Km. Shimpi
State Of U.P.
Govind
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
