KHANU Vs. AKBAR

JUDGEMENT

(1.) HEARD Sri S. R. Rizvi, the learned counsel for the petitioner and Sri Jagdish Prasad Mauriya, the learned counsel for the opposite par ties and perused the record including the order dated 30-5-2000 passed in this case.

(2.) THE petitioner Khanu, father of Najma appears to have lodged FIR against Akbar and others to the effect that they kidnapped, Najma, aged about 13 years and were keeping her in wrongful confinement. THE matter appears to be under police inves tigation. In the meantime, the petitioner filed this present habeas corpus petition al leging that Najma is being wrongfully con fined by the opposite parties. It appears that in compliance with the order of this Court, in this petition Najma and Akbar appeared before the Court on 30-5-2000 and she said that Akbar was her husband.

(3.) AFTER considering the respective submissions and the material on record, I am of the view that this habeas corpus petition deserves to be dismissed because the lady namely Najma has herself said before this Court that the opposite party No. 1 Akbar is her husband and because she is said to be legally wedded wife of Akbar and appears to be of 19 years of age as per the medical report submitted by the C. M. O. Badaun, The inves tigation is going on and it is expected that Najma and all concerned will co- operate with the investigating agency and the power of the investigating officer as he may have under the law will not be fettered by the order, that are being passed in this habeas corpus petition. In other words, if the investigating officer finds it that further medical examination is needed in with the investigation of the case he win be free to exercise his power as these may be with him for ascertaining the truth as is contained in the FIR.