KANCHAN VERMA Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed by Smt. Kanchan Verma through her next friend Nasir Ali alleging that she has wrongly been detained in Nari Niketan at Moradabad under the orders of the Sub-Divisional Magistrate, Dhanaura, Amroa-respondent no.3. She has accordingly, filed the present writ petition in the nature of habeas corpus.

(2.) By our order dated 21st May, 2015, we had directed the Superintendent of Police, Amroha to produce the petitioner before the Court on 25th May, 2015. We had also directed the Sub-Divisional Magistrate, Dhanaura, Amroha-respondent no.3 to file an affidavit justifying his action indicating under what provision of law he had passed the order detaining the petitioner in Nari Niketan. The petitioner has been produced today and an affidavit has been filed by respondent no.3.

(3.) As per the affidavit of the Sub-Divisional Magistrate, Dhanaura, Amroha, it is contended that the Sub-Inspector Neeraj Kumar, Police Station Gajraula, Amroha had submitted two reports on 27th April, 2015 under Section 151 Cr.P.C. alleging that he along with Constable Ramanand Sagar was going to make an inquiry in respect of Beat No.22 at around 1100 hours when they found in front of Ramabai Degree College that there was a gathering of several persons in which the parents of the petitioner Kanchan Verma were resisting the petitioner from allowing her to go with Nasir Ali. A crowd had gathered and since there was an apprehension of breach of peace, the petitioner along with Nasir Ali were produced before the Sub-Divisional Magistrate, Dhanaura, Amroha praying that Nasir Alir may be remanded to judicial custody and that the petitioner may be sent either to judicial custody or to Nari Niketan.