GIAN DEVI Vs. SUPERINTENDENT NARI NIKETAN DELHI

JUDGEMENT

(1.) This is a petition for a writ of habeas corpus by Gian Devi who has been ordered to be detained in Nari Niketan, Delhi.

(2.) Gian Devi petitioner was a witness in a case under S. 363, 366 and 376, Indian Penal Code pending in the court of the Judicial Magistrate First Class, Sonepat against Ganga Saran, Ram Kali and Usha Rani. The allegation in that case was that Gian Devi had been residing in the house of Ganga Saran, who is the Vice-Principal of a college, in connection with her studies. Gian Devi developed intimacy with Ganga Saran and after the completion of her studies, she came to her father's house. Her father, Sheesh Pal Singh wanted to marry her with another person. Ganga Saran then came to Sheesh Pal Singh's house and took away Gian Devi. Ram Kali and Usha Rani were stated to have abetted the enticing away of Gian Devi. It was also alleged that after Sheesh Pal Singh had brought Gian Devi from the house of Ganga Saran he married her to Satish Chandra

(3.) During the pendency of the above case before the Judicial Magistrate, Sonepat, Gian Devi made a request for court protection. Applications were also filed by Sheesh Pal Singh and Satish Chandra regarding the custody of Gian Devi. The learned Magistrate passed an order on 28/02/1974 directing that Gian Devi be sent to Nari Niketan, Delhi and be detained there.