CHHAVI Vs. STATE OF U. P.

JUDGEMENT

(1.) This Habeas Corpus Writ Petition has been instituted on behalf of Km. Chhavi by her father Chhanga, praying that this Court do issue a rule nisi, ordering respondent nos. 2, 3 and 4 to produce Km. Chhavi before this Court, and order her to be set at liberty, according to her will and wish.

(2.) It is asserted in the Habeas Corpus Writ Petition that Chhavi is a minor, who was born on 18.07.2003. She is Chhanga's daughter, who is the second petitioner here. This petition has been effectively brought by Chhanga. A First Information Report, (for short FIR ) was lodged by Chhanga on 20.03.2020 and registered with Police Station - Barsana, in the District of Mathura, at 01:53 p.m., against one Laxman, son of Kamal Yadav, Vishnu, son of Kamal Yadav, and Girdhari Yadav, son of Gopal, with allegations that on 18.03.2020 at 4 O' clock in the afternoon, Chhanga's minor daughter, Chhavi, aged about 16 years, had gone to fetch her cattle, when the three accused were seen around her by Seema, wife of Prem Chandra. Chhavi went traceless ever since. A hunt was launched, but to no avail. It was reported that Seema had told the informant that she had seen the three accused talking to Chhavi, and further that she had seen Chhavi accompanying the three men towards bus stand. It was said in the First Information that Seema thought that Chhavi was going with the accused in connection with some errands. It is further reported that when co-accused Girdhari Yadav was asked about Chhavi by the informant and his family, he confessed that Chhavi had gone along with his nephew (reference to Laxman). It was said in the First Information further that Chhavi was a minor, and the three accused had taken her away by blandishment. The aforesaid information was registered as Crime No. 84 of 2020, under Sections 363 and 366 of Indian Penal Code, 1860,(for short IPC ) Police Station - Barsana, District - Mathura. There is a further information lodged about some kind of a video relating to Chhavi, that was made viral by co-accused Girdhari Yadav. The video shows that Chhavi was in the company of Laxman. This FIR was registered on 15.05.2020 separately as Crime No. 133 of 2020, under Section 66 of the Information Technology Act, 2000, Police Station - Barsana, District - Mathura.

(3.) It appears that Chhavi was recovered by the police and produced before the Magistrate on 20.05.2020, where her statement under Section 164 of the Code of Criminal Procedure, 1973, was recorded. The statement unequivocally says that on 18.03.2020, Chhavi had accompanied Laxman of her freewill, whom she knew for the past 3-4 years. She also said that she was in love with him. It is clearly indicated that she was not taken away by blandishment, but had gone of her freewill. It was also said that she has married Laxman and is now in the family way. Chhavi was then forwarded, in custody, to the Child Welfare Committee, Mathura, (for short CWC ). It is asserted in the writ petition that the CWC handed over Chhavi, who is a victim, into the care and custody of Meena, wife of Kamlesh. Meena is Laxman's sister. It is also said that there is no document available to the petitioner to show that any written order was made by the CWC, entrusting custody of Chhavi to the fourth respondent. It is asserted that it is in collusion between the Investigating Officer, the Chairperson of the CWC and the accused Laxman, that Chhavi has been entrusted into the custody of Laxman's sister Meena, the fourth respondent. It is also brought on record that after investigation, a charge-sheet has been filed against Laxman under Sections 363, 366, 376 of IPC and Section 7/4 of the Protection of Children from Sexual Offences Act, 2012, (for short the Act of 2012 ). Chhanga asserts that his daughter is, for the time being, in Meena's custody, who is, as already said, the accused's sister, under some kind of an order of the CWC. It is asserted that Chhavi's custody with Meena is absolutely illegal, and she ought to be liberated therefrom.