In a habeas corpus petition filed for the production of a missing minor ('corpus'), the Court relied on an affidavit from the Superintendent of Police and the petitioner's counsel. Since the respondent had entrusted the minor to her aunt, the petition for production was considered disposed.
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Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 154 of 2022
Petitioner :- Rani Prajapati And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Jitendra Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Personal affidavit of Sri Anurag Arya, S.P. Azamgarh has been filed today, in compliance of order dated 20.12.2022 of this Court, through learned AGA and the same is taken on record.
Heard learned counsel for the petitioners and the learned A.G.A. and perused the material placed on record.
Instant petition has been filed on behalf of the detenuepetitioner No.1 by petitioner No.2, who is her father.
Learned counsel for the petitioners submitted that the corpus is daughter of petitioner No.2, who is minor girl as per her High School Certificate-2020 wherein, her date of birth is mentioned as 15.6.2004. The respondent Nos. 5 to 9 had taken away the corpus forcefully from her dwelling house on 27.12.2022. A First Information Report has been lodged on 23.1.2022 regarding this incident at the instance of petitioner No.2, which is registered vide Crime No.20 of 2022 at Police Station Gambhirpur, District Azamgarh, under Sections 363 and 366 IPC against respondent No.4 and 7, wherein it is stated that on 27.12.2021, at around 12:30 P.M., the accused persons had kidnapped his minor daughter aged about 17 years by enticing her on the pretext of marriage. The corpus is taken into custody by private respondents illegally. Therefore, present petition has been field for production of the corpus before the Court and necessary orders for proper custody.
Learned AGA submitted that this Court vide order dated 20.12.2022 directed to file an affidavit of respondent No.3 i.e. S.P., Azamgarh, indicating therein the steps taken by the police to trace out the petitioner No.1- the corpus. The respondent No.3 has stated in his personal affidavit that petitioner No.1- the corpus had filed a Writ Petition (Crl) No.45 of 2022 (Rani Prajapati and another Vs. State of NCT of Delhi and Others), in which Hon'ble Delhi High Court has already granted protection to them vide order dated 22.2.2022, a true copy of the order has been filed with the personal affidavit of respondent No.3 as
Annexure No.2. The date of birth of petitioner No.1 is 15.6.2004 as per her High School Examination Marksheet. The petitioner No.1 herself appeared at police station on 11.11.2022 and this fact is mentioned in G.D. report dated 11.11.2022, a copy thereof is also filed with the personal affidavit. The statement of petitioner No.1 recorded by the Investigating Officer under Section 161 Cr.P.C. on 11.11.2022 and under Section 164 Cr.P.C. on 14.11.2022 by learned Magistrate has been filed with the personal affidavit as Annexure Nos. 4 and 5. It is further submitted that as per the personal affidavit, petitioner No.1 refused to get he medically examined and as per her school leaving certificate, she is minor. Petitioner No.1 has been handed over to her Mausi and she is residing with her till date. The petitioner No.2 is well informed that petitioner No.1 is living with her aunt and her statements have already been recorded by the police as well as by Magistrate, nevertheless, false affidavit has been filed by him suppressing the real facts of the case.
Learned counsel for the petitioners submitted that the instant petition has been filed on 23.2.2022 whereas the recovery fo the corpus has been effected by the police on 11.11.2022. Therefore, at the time of filing of present petition, the corpus was not recovered in criminal case filed by him regarding her kidnapping. However, the corpus is presently not in the custody of private respondents and entrusted to the custody of her aunt, as per the affidavit of S.P., Azamgarh, therefore, no need of production of corpus before the Court by private respondents is there and the petition may be disposed of, accordingly.
The instant petition is disposed of in the light of the personal affidavit filed by the S.P. concerned as well as keeping in view the prayer of learned counsel for the petitioners, as above.
Order Date :- 17.1.2023 Kamarjahan
Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Rani Prajapati and another Vs. State of NCT of Delhi and OthersReferred¶9
Rani Prajapati and another Vs. State of NCT of Delhi and Others (WP (Crl) No.45 of 2022)
Rani Prajapati and Another
State Of U.P. and 8 Others
Ram Manohar Narayan Mishra, J.
As recorded by the court registry
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