Dismissed

Munni Thru. Her Brother Rijavan Ali v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

Allahabad HC22 Oct 2024/291/2024

Case brief

AI extract

What is this about?

Court dismissed the Habeas Corpus petition filed by a minor girl. Relying on statements recorded by the Magistrate that she desired custody of her husband, the court found no force in the claim of illegal detention and ordered her release to live with her husband.

What did the court decide?

Petitioner discharged to live with her husband; writ petition dismissed.

Munni Thru. Her Brother Rijavan Ali Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71026

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Court No. - 12

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Case :- HABEAS CORPUS WRIT PETITION No. - 291 of 2024

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Petitioner :- Munni Thru. Her Brother Rijavan Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 6 Others Counsel for Petitioner :- Neelam Pandey Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard Ms. Neelam Pandey, learned counsel for the petitioner, Shri Ajay Kumar Srivastava, learned AGA appearing for the respondent nos. 1 to 2- State Authorities as also detenue/Munni, who has been produced before this Court in compliance of order dated 04.10.2024 and identified by Shri Anil Kumar Pandey, Sub-Inspector and Ms. Mahima Pandey, Constable, Police Station - Baddupur, District - Barabanki.

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On being asked, detenue before this Court stated that she was having an affair with private-respondent no.4/Bablu Singh and she left her parental house on her own volition and solemnized marriage with Bablu Singh and was living with him and being annoyed an FIR was lodged and thereafter the investigating officer recorded her statement and thereafter her statement was also recorded before Magistrate concerned and thereafter the Magistrate concerned taking note of her age as also contents of the statements recorded during investigation provided her custody to the private-respondent no. 4 and she is presently living with her husband and enjoying the matrimonial life and on one occasion she was forcefully taken away from her matrimonial home and thereafter she again left the parental home and reached the matrimonial home. She also stated that she wants to live with her husband and does not want to accompany Rijavan Ali (brother of the detenue).

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Shri Ajay Kumar Srivastava, learned AGA, based upon the instructions received, a copy of which is taken on record, stated that on an application dated 19.06.2024, an FIR was registered as case crime no.0194 of 2024 under sections 363 and 366 IPC was registered at police station, Baddupur and thereafter on 14.07.2024, the statement of the victim/detenue was recovered and she was produced for medical examination and upon medical examination, her age was determined as eighteen years.

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It was also stated that statement of the detenue was also recorded as required under sections 161 and 164 CrPC and in these statements, the victim did not support the story of the prosecution and thereafter custody of the victim/detenue was given to Bablu Singh, husband of the victim/detenue, in terms of the order of the concerned Magistrate which is recorded in GD-32 dated 24.07.2024.

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Considering the aforesaid, this Court finds no force in the present petition.

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Accordingly, it is dismissed . No order as to costs.

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Let the detenue/Munni be set free to live with her husband Bablu Singh/respondent no. 4.

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Order Date :- 22.10.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Munni Thru. Her Brother Rijavan Ali v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

Case brief

What is this about?

What did the court decide?

Munni Thru. Her Brother Rijavan Ali v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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