Dismissed

Km Neha (Minor-Represented by the Freedom Firm) and Another v. State of U.P. and 6 Others

Allahabad HC18 Jan 2023HABC/782/2022

Case brief

AI extract

What is this about?

Habeas Corpus petition filed for custody of Nm Neha, a minor rescued from flesh trade. Court allowed the minor to reside with her maternal grandmother based on her expressed desire and the Committee's observation that her interest was jeopardized in the Government Women's Home.

What did the court decide?

Corpus sent to maternal grandmother. SHO directed to keep vigil to avoid further victimization.

Km Neha (Minor-Represented by the Freedom… — Child Custody and Guardianship | Allahabad HC (2023)

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Court No. - 50

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Case :- HABEAS CORPUS WRIT PETITION No. - 782 of 2022

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Petitioner :- Km Neha (Minor-Represented By The Freedom Firm) And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amit Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the petitioner and Sri Ravi Shankar Pandey, learned A.G.A. for the State.

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Statement of the corpus Km. Neha is as under:-

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"ननाम - ननेहना , उम - 18 वरर , पपितना कना ननाम - सततीश , मन ा कना ननाम - रनाखती दनेवती , नने आज

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बयनान पकयना पक आज मम अपिनने ननानना - ननानती कने यहन ा कनाफफी सनाल पिहलने गगुस्सने सने ननानना - ननानती कने घर सने स्ककल जनानने कने बहनानने चलती गयती थती। एक ऑटती ब्यकटती पिनाल र कना ककोसर करनानने कने ललए मगुरनादनाबनाद लने गयती थती और वहन ा गलत लकोगोሙ कने पिनास सौሺपि पदयना। वहन ा मनेरने सनाथ गलत कनाम हकोतना थना। मगुरनादनाबनाद मम जहन ा मगुझने रखना गयना , वहन ा पिगुललस कफी दपबश पिडती। वहन ा सने पिगुललस थनानने लने गयती। दको सनाल मम मगुरनादनाबनाद और ततीन सनाल कनानपिगुर मम ननारती पनकनेतन मम रहती। मम जब घर सने पनकलती , मनेरती उम १३ सनाल थती। कनानपिगुर सने मगुझने ननानना - ननानती कने यहन ा अलधिकनाररयोሙ दनारना सौሺपिना गयना , मम २ - ३ तक पिढती हहाሰ। मनेरती जन्मपतलथ 15.07.2004 हहै। इस समय मम ननारती - पनकनेतन नहह नहह रहनना चनाहतती हहाሰ मम ननानना - ननानती कने सनाथ रहनना चनाहतती हहाሰ। मनेरती ननानना - ननानती मगुझने आगरना सने पिगुललस कने सनाथ लनेकर आयने हहै।"

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Corpus Km. Neha has been produced before this Court today by Kanpur Police escorted by lady constable 4625 Priyanka Dikshit along with maternal grand mother in compliance of court's order dated 3.1.2023. Statement of corpus has been recorded today before court in which she stated her age around 18 years. She also stated that she was residing in the home of her maternal grand parents in Agra. She was enticed by some lady to arrange a course of beautician for her and sold her to some unknown persons and was sent to flesh trade market from where she was rescued around five years back. She was kept in Government Women's Home in Kanpur and thereafter she was given to custody of her maternal grand mother Vimla Devi. She expressed her willingness to reside with her maternal grand parents and straightway refused to go into custody of petitioner no. 2 or any Nari Niketan.

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Learned A.G.A. submitted that corpus was rescued by police and was

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previously sent in custody of Government Women's Home, Kanpur from where she was entrusted to the custody of her maternal grand mother vide order dated 29.3.2022. C.W.C., Agra has stated in its order dated 2.8.2022 for production of corpus before this Court and also observed that interest of corpus is being jeopardized due to her custody in Government Women's Home and committee thinks it proper to entrust corpus to her maternal grand mother.

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Learned counsel for the petitioner submits that corpus was rescued on initiative of petitioner no. 2. An F.i.R. of the present case was lodged by Smt. Santoshi Devi, member of freedom firm N.G.O. having its registered office at Allahabad, against accused persons on 30.8.2019 under various sections of ITP Act and IPC.

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Per contra, learned A.G.A. submitted that after going through the report of C.W.C. and eliciting the desire of corpus before this Court, it deems proper to send her back to the place of her maternal grand mother.

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Considering submissions of learned counsel for the parties, report of C.W.C. filed by learned A.G.A. and desire of corpus in her statement before this Court, this Court does not find it proper, in the interest of corpus, to send her to petitioner no. 2 onwards. Prayer of petitioner no. 2 in this regard is rejected.

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Let the corpus be sent back to the place of her maternal grand mother along with her from where she has come. However, S.H.O. of local police is directed to keep a vigil on corpus to avoid her further victimization by accused persons or the person involved in flesh trade.

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Accordingly, petition is dismissed in the manner.

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Order Date :- 18.1.2023 A.P. Pandey

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Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Km Neha (Minor-Represented by the Freedom Firm) and Another v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Km Neha (Minor-Represented by the Freedom Firm) and Another v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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