INDRA ALIAS SUHANI Vs. STATE OF U P

JUDGEMENT

(1.) This Habeas Corpus Writ Petition has been filed by Smt. Indra alias Suhani daughter of Santosh Kumar Awasthi through Shiv Kant alias Shubham with whom she claims to have married with her free will, assailing the validity of her detention in the Nari Niketan where presently she has been kept vide order dated 16.4.2013 passed by Chief Judicial Magistrate.

(2.) It further transpires that in compliance of the above mentioned order, the petitioner was examined under Section 164 Cr.P.C. and was also put to medical examination for the determination of her age. The statement of the petitioner under Section 164 Cr.P.C. has been annexed as Annexure-5 to the writ petition.

(3.) The perusal of the statement recorded under Section 164 Cr.P.C. Seems to be a brazen statement of the petitioner wherein she has narrated about her love affair with Shubham alias Shiv Kant and the entire details as to how her father did not countenance to this relationship with the boy. She also stated before the Chief Judicial Magistrate that she herself had called the boy on the Station and not only coaxed and persuaded the boy to take her away alongwith him but had also threatened her paramour that in case he will not take her alongwith him she will commit suicide. The petitioner has also annexed certain photographs showing the garlanding of each other (between the petitioner and her alleged husband Shubham), in order to prove her marriage.