MUKESH MOREY Vs. STATE OF M.P.

JUDGEMENT

(1.) Issuance of writ of habeas corpus is sought in this petition filed u/Art. 226 of the Constitution on the foundational allegations that the corpus who is the minor daughter of the petitioner (date of birth being 21/1/2002) went missing since the night intervening 15/9/2017 and 16/9/2017. A missing report was filed by the petitioner vide Crime No. 728/17 registered at Police Station Janakganj, Gwalior alleging offence punishable under section 363 IPC against unknown persons. The petitioner alleges that when no appropriate steps were taken by the police, a complaint under section 200 Cr.P.C., 1973 was filed by the petitioner before the court of Sessions, District Gwalior alleging offences punishable under sections 363, 366, 376 IPC r/w Section 5/6 of POCSO Act, against the respondents No. 4,5 and 6. The respondent No.4 was alleged to be the person who had kidnapped the corpus whereas respondents No. 5 and 6 are parents of the respondent No.4 who are alleged to have abetted the said offence of kidnapping. The application under section 156(3) Cr.P.C., 1973 was also moved alongwith the said complaint. On the direction passed by the 10th Additional Sessions Judge, Gwalior, FIR bearing Crime No. 7/18 was registered on 3/1/2018 alleging offences punishable under sections 363, 366, 376 IPC r/w Section 5/6 of POCSO Act against the respondents No. 4,5 and 6. When the corpus was not traceable the present petition seeking writ of habeas corpus was filed on 31/1/2018 primarily alleging unlawful confinement of the corpus by the respondent No.4.

(2.) On the directions of this court, the corpus has been produced in custody alongwith SI Balram Manji and Mahila Head Constable Ms. Kamlesh Dohare of Police Station, Janakganj, Gwalior.

(3.) The corpus alongwith learned Dy. Advocate General for the State Smt. Ami Prabal is heard for the first time at 1-30 p.m., in camera. The corpus informs that she has voluntarily left her parental house after eloping with respondent No.4 and both have since married and have begotten a child which she has delivered recently. The corpus further informs this court that she was held in any unlawful confinement by the respondent No.4, with whom she had eloped voluntarily. The corpus also discloses that she does wish to go back to her parental home as she apprehends retaliatory action by her parents and their relatives which may include honour killing of herself and her new born child. The corpus also expresses her unwillingness to reside at Nari Niketan/Women Short Stay home.