KUMARI SHABNOOR Vs. STATE OF U P

JUDGEMENT

(1.) THIS habeas corpus petition has been filed by Mohammad Tahseem, father and guardian of Km. Shabnoor (Minor) praying for issuance of a writ, order or direction in the nature of habeas corpus directing respondent Nos. 2 and 3 to produce the victim Km. Shabnoor (Minor) before this Court on a particular date and release her from the illegal custody of respondent Nos. 4 to 8. It has further been prayed that a writ order or direction may be issued to the respondents to hand over the custody of petitioner Km. Shabnoor (Minor) forthwith to her natural guardian Mohammad Tahseem, the petitioner who is her father.

(2.) THE brief facts as are averred in this petition are that Km. Shabnoor is the daughter of Mohammad Tahseem and is a minor. Km. Shabnoor (Minor) was a regular student of Primary Pathshala, Agwanpur, Block Parikshitgarh, district Meerut and had studied there upto class IIIrd. After her admission in class 4th she left going to school. Her date of birth as is mentioned in school leaving certificate is 10.4.1994 which has been filed as Annexure-1 to this petition. According to Mohammad Tahseem also she is a minor. On 12.5.2006 Smt. Kausar and Km. Lubana took away Km. Shabnoor alongwith them and thereafter she was kidnapped by Rizwan, Zaheed, Mehmood, Shaheed, and Wakeel, who all are arrayed as respondents Nos. 4 to 8 in this petition. THE petitioner made an endeavour to lodge a report for the said abduction of his daughter by the aforesaid persons with the police but it yielded no results. At last he approached the Magistrate through an application, under Section 156 (3), Cr. P.C., on 5.6.2006, seeking his direction to the police to register his F.I.R. and investigate the offences. His said application was registered as Misc. Case No. 119 of 2006. On 15.6.2006, Judicial Magistrate IInd Meerut, ordered for registration and investigation of the case on his said application vide Annexure-2 to this petition. Pursuant to the said order a F.I.R. was registered against the accused on 17.6.2006 as crime number C-8 of 2006 for offences under Sections 363, 366, 120B, 504 and 506, I.P.C. at P.S. Parikshitgarh district Meerut vide Annexure-3 to this petition. Even after registration of the F.I.R. the police did not recover the victim Km. Shabnoor who was allegedly kept in illegal confinement by respondents No. 4 to 8. Respondents No. 4 to 8, on the contrary started threatening Mohammad Tahseem, the father, therefore he filed an application to the higher police officials on 28.6.2006 (Annexure-4) but that too was a futile effort. Being disillusioned by the police and their inaction in recovering his daughter the petitioner filed this habeas corpus petition in this Court with the prayers mentioned above. On 18th July, 2006, this Court issued notices to respondents No. 4 to 8 to file counter-affidavit and also directed them to produce Km. Shabnoor, the victim in this Court. Respondents 4 to 8 appeared in this Court through Sri Amit Daga, advocate on 23.8.2006 and prayed time for filing counter-affidavit. However they did not produce Km. Shabnoor on that date before this Court. On their request 11.9.2006 was fixed for the said purposes and the respondents were also directed to produce the victim in this Court on the date so fixed in pursuance of the earlier order passed by this Court. On 11.9.2006, the respondents filed a counter-affidavit and also produced the corpus of Km. Shabnoor in the Court. Her statement was recorded by this Court in open court which forms the part of record of this petition. THE said statement is signed by Shabnoor, the victim. This petition, thereafter was listed on 20.9.2006 when a rejoinder-affidavit was filed and this Court ordered for verification of the school leaving certificate (Annexure-1) which was filed alongwith the petition. THE verification of the said certificate was received to this Court from the Court of C.J.M., Meerut, vide his letter dated 5.10.2006. THE said report is appended with five other papers which include report of police station Parikshitgarh dated 31.10.2006, Certificate by Principal of Primary School Agwanpur, Meerut, dated 3.10.2006, Letter dated 4.10.2006 of the B.S.A., Meerut, addressed to C.J.M., Meerut, Letter dated 3.10.2006 of A.B.S.A., Meerut and photo copy of the school leaving certificate issued by the said school which is Annexure-1 to this petition. THEse reports in six leafs are on record and they directed to form the part of the record of this petition.

(3.) I have heard Sri I. K. Chaturvedi, learned counsel for the petitioner in support of this habeas corpus petition and Sri Satish Trivedi, learned senior counsel assisted by Sri Amit Daga advocate on behalf of respondents in opposition.