- (1.) HEARD Sri Anil Srivastava, learned counsel for the petitioner, learned A.G.A.for the State of U.P.and Sri Ravesh Kumar Singh, appearing on behalf of respondent No. 5
(2.) THIS Habeas Corpus Writ Petition has been filed on behalf of Sarita , daughter of Sahab Singh through her next friend Anurag Yadav with the prayer that : (a) Issue a writ, order or direction in the nature of Habeas Corpus commanding the respondent No.4 to produce petitioner before this Hon'ble Court and she may be set at liberty forthwith. (b) Issue a writ, order or direction in the nature of certioary quashing the impugned order dated 27.2012 passed by the learned Sub-Divisional Magistrate, Sikandara Rau , district Hathras ( Mahamaya Nagar). (c ) Issue any such other suitable writ order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (d) Award costs of the writ petition to the petitioner. The facts, in brief of this case are that a report dated 27.7.20012 submitted by Sri R.P.Singh, Sub Inspector, Police Station Sikandra Rau, District Hathras to SDM Sikandra Rau, District Hathras mentioning therein that Km. Sarita, aged about 21 years was found roaming in Sikandra Rau, her family members were called at police station where Km. Sarita refused to go in their company because she was having love affairs with a boy, she wanted to go with that boy. There was apprehension of breach of peace. The prayer was made that statement of Km. Sarita be recorded under section 164 Cr.P.C.and Km. Sarita be given in safe custody of some one, that application was also forwarded by Sri N.K.Yadav, Officer-in-Charge of Police Station Sikandra Rau, District Hathras for recording her statement on 27.7.2012. The statement of Km. Sarita was recorded by S.D.M. Sikandra Rau on 27.7.2012 in which she stated that she was aged about 22 years, she was educated upto 8th Class, she was having two sisters, father and mother , her father was abusing her, her elder brother was working in Faridabad in a factory, all are unmarried, she wanted to marry with Anurag, she had gone in his company to Aligarh on 17.7.2012, she stayed there, she was told by Anurag to reach at police station from where their mission will be completed, thereafter she alone went to police station where she stayed for 3 days, Anurag came to the Police Station Sikandra Rau on 26.7.2012, he was at the police station, they have not performed the court marriage, Anurag belongs to her caste , her father is not agreed with above proposal, the villages are also not agreed, she did not want to leave with her parents, she wanted to go with Anurag. After recording her statement, Sri J.K.Jain, S.D.M Sikandra Rau, passed the order dated 27.7.2012 by which the corpus has been sent to Rajkiya Mahila Ashram ( Nari Niketan, Mathura). The order dated 27.7.2012 is under challenge in the present petition. In the present case, respondent no. 5 Sahab Singh, the father of the corpus Km. Sarita, Mahendra Pal Singh, father of Anurag Yadav and Anurag Yadav appeared before this Court. Sri R.P.Singh,Sub Inspector, Sri N.K.Yadav Inspector and Sri J.K.Jain , SDM Sikandra Rau, District Hathras also appeared before this Court.
(3.) ON query made by the Court, Sri R.P.Singh , who submitted report dated 27.7.2012 could not explain proper reason as to why he submitted the report that Corpus was roaming in Sikandra Rau. The proper reason has not been shown by Sri N.K.Yadav while forwarding the report submitted by Sri R.P.Singh for recording the statement of the corpus. Sri J.K.Jain, SDM Sikandra Rau also appeared before the Court, he could not explain as to why he exercised the powers of recording the statement of the corpus and sent corpus to Nari Niketan for which Sri R.P.Singh, Sri N.K.Yadav and Sri J.K.Jain tendered their unconditional apology.;