VINITA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pramod Kumar Srivastava, Sri Akhilesh Srivastava, learned counsel for the petitioner, learned A.G.A. for the State of U.P. and Sri S.P. Sharma learned counsel for respondent Nos. 3 and 4. This habeas corpus writ petition has been filed on behalf of Smt. Vinita through Munendra Singh (claiming himself to the husband of the corpus) with the following prayers to:

(2.) The facts, in brief, of this case are that an NCR has been lodged by Munendra Singh at Police Station Dando on 19.7.2012 alleging therein that his wife Vinita Devi was taken away by Shilendra, who was illegally detained, thereafter an application was moved from police station Dando in the Court of S.D.M. Atrauli, District Aligarh for obtaining the warrant of search under section 100 Cr.P.C., thereafter on 31.7.2012, a report was submitted by police station Dando district Aligarh in the Court of S.D.M. Atrauli, district Aligarh for recording the statement of the corpus, on which S.D.M. Atrauli passed the order on 1.8.2012 for holding the medical examination to determine the age of the corpus. The corpus was recovered from the house of Shilendra, she stated that she was aged about 22 years, she had performed the marriage with Munendra in the month of April, Shilendra was not her husband, she was forcibly handed over to Shilendra by her father and Bahnoi, she was having apprehension of her life, thereafter, the S.D.M. Atrauli directed the C.M.O. Aligarh for conducting the mental test, after her medical examination, she was directed to be produced before the competent officer.

(3.) According to the medical examination report dated 7.8.2012 the age of the corpus was about 19 years. An application dated 11.8.2012 was given by corpus to SSP Aligarh mentioning therein that she had performed the marriage with her free will on 14.4.2012 in Arya Samaj Sewa Sansthan with Munendra Singh, but her parents were not satisfied with her marriage and they assured that her marriage shall be performed with Munendra in accordance with the Hindu Rites, on their assurance, she came to the house of her father but on 6.6.2012 without her consent she was married with Shilendra by her father. She was detained by local police, she wanted to go with her husband Munendra Singh. An application dated 7.8.2012 was also sent by the corpus to Rashtriya Mahila Ayog, New Delhi with the same prayer. On submission made by counsel for the petitioner that whereabouts of the corpus was not known, the Officer-in-Charge of the police Dando, District Aligarh was directed to produce the corpus before this Court on 17.9.2012. On 17.9.2012, the corpus was produced before this Court by Agan Singh, Sub Inspector, Police Station Dando, District Aligarh, she was brought from her parents' house.