RAKHI SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Upendra Nath Mishra, learned counsel for the petitioner, learned AGA for the State and Shri Mahipal Singh, learned counsel who has put in appearance on behalf of respondent no.3 and also filed a counter affidavit. The present is a habeas corpus writ petition filed on behalf of corpus Rakhi Sharma through her husband Ajay Sharma with the following prayer:

(2.) Contention of the learned counsel for the petitioner is to the effect that Rakhi Sharma, the corpus has solemnized marriage with Ajay Sharma of her own sweet will without any fear, threat or coercion and as per the Hindu religion on 20.7.2018. A copy of the marriage certificate in this regard, issued by Arya Samaj Mandir, Lucknow has been annexed as Annexure-1 to the writ petition. It appears that subsequently the father of the victim lodged an FIR with the allegation that his minor daughter Rakhi Sharma aged about 16 years was kidnapped by Ajay Sharma. The FIR was registered as case crime no.136 of 2018 under Section 363, 366 IPC. The copy of the FIR has also been annexed as Annnexure-2 to the writ petition. From the record it appears that being aggrieved against the lodging of the FIR, a writ petition being Misc. Bench No.24227 of 2018 Ajay Sharma and another vs State of UP through Principal Secretary, Home and others, in which an order was passed on 27.8.2018 with the direction that petitioners be not taken in custody till the next date of listing and the petitioners were directed to join the investigation which shall be conducted under the supervision of Circle Officer concerned. The Circle Officer was directed to file affidavit as to under what circumstances it is being concluded that the petitioner has committed any offence. The copy of the order dated 27.8.2018 has been annexed as Annexure-3 to the writ petition. A perusal of the said order shows that while passing the said order the Division Bench of this Court at Lucknow Bench had relied upon the judgment dated 23.7.2015 passed in Writ Petition No.3519 (M/B) of 2015.

(3.) The attention of the Court has also been drawn to the statement of the girl recorded under Section 164 CrPC which has been annexed as Annexure-4 at page 25 of the writ petition. In the said statement the girl categorically says as under: The said statement also shows that the girl is an adult aged about 19 years. She has also mentioned in her statement that "mere papa school me meri umra kam likhwaye hain". However, the Court has been informed that ignoring the wishes of the victim Rakhi Sharma, the Child Welfare Committee, Pratapgarh which has no jurisdiction has passed the order dated 1.8.2018, in pursuance of which the victim was sent to Government Women Protection House, Khuldabad, Allahabad where she is presently detained.