- (1.) Heard Sri S.A. Sharma, learned counsel for the petitioner, learned A.G.A. for the State of U.P. on Habeas Corpus Writ Petition No. 36656 of 2012 Km. Abhilasha, Singh, learned counsel for the petitioner, Sri Shiv Avtar Sharma, appearing on behalf of Sandeep, learned A.G.A. for the State of U.P. in criminal misc. Habeas Corpus Writ petition no. 51025 of 2012.
(2.) The criminal misc. habeas corpus writ petition no. 36656 of 2012 and criminal misc. habeas corpus writ petition no. 51025 of 2012 have been filed having the same prayer that the corpus Km. Kiran may be released from Nari Niketan, therefore, both the habeas corpus writ petitions are being disposed of by a common order.
(3.) The facts, in brief of this case are that the F.I.R. has been lodged by Rameshwar Prasad on 28.5.2011, at 1.10. p.m. in respect of the incident allegedly occurred on 19.5.2011, at about 5.00 p.m. in case crime no. 516 of 2011 under sections 363,366 I.P.C. P.S. Rajpura district Budaun, it has been lodged against the accused Sandeep with a allegation that on 19.5.2011 Km. Kiran, aged about 13 years has been enticed away by the accused Sandeep in which after completing the investigation the charge sheet has been submitted against the accused Sandeep on which the learned magistrate concerned has taken cognizance, and summoned the accused vide order dated 14.9.2011. The order dated 14.9.2011 has been challenged by the accused Sandeep with a prayer to quash the same as well as the proceedings of criminal case no. 3737 of 2011 arising out of the charge sheet submitted in case crime no. 516 of 2011 under sections 363,366 I.P.C. P.S. Rajpura district Budaun pending in the court of learned A.C.J.M. II Budaun. The criminal Misc Application under section 482 Cr.P.C. No. 10377 of 2012 has been disposed of by the learned Single judge of this court on 28.3.2012 by directing the accused Sandeep to produce the corpus Km. Kiran before the C.J.M Budaun within three weeks, thereafter, the C.J.M. Budaun, shall upon proper identification get her medically examined by the C.M.O. Budaun, whereafter, he shall record her statement under section 164 Cr.P.C. in the presence of the Investigating Officer and decide the issue of her custody also. In pursuance of the order dated 28.3.2012 the corpus Km. Kiran was produced before the C.J.M. Budaun, she was medically examined by the C.M.O. Budaun. According to her medical examination report she was aged about 19 years. Thereafter, her statement under section 164 Cr.P.C. was recorded in which she stated that she had performed the marriage with Sandeep, she had gone in her company with her free will and she had developed physical relationship with Sandeep, her parents wanted to marry her with some other person without her consent, after taking the money her parents had performed the marriage of her elder sister, she was pregnant having the pregnancy of six months. Her statement under section 164 Cr.P.C. was recorded and the issue of her custody has been decided by the learned C.J.M. Budaun. on 27.4.2011 by which she has been sent to Nari Niktan, Bareilly. For her custody one application was moved by Sandeep, he has filed the criminal Misc. writ petition No. 36656 of 2012 on behalf of corpus Km. Kiran her father Rameshwar Prasad Sharma has filed criminal habeas corpus writ petition No. 51025 of 2012 with a prayer that the corpus is minor, which may be given in his custody.;