- (1.) Heard Sri Jai Narain, learned Counsel for the petitioner, learned A.G.A. for the State of U.P. This petition has been filed by Lalla alias Ranjeet with the prayer that respondent No. 5 Km. Arti may be released from Nari Niketan Mathura. It is also prayed that the respondent Nos. 2 to 4 may be directed to produce the corpus Km. Arti daughter of late Dharampal resident of Nagla Beech Sahawear Gate near Crossing Kasganj, District Kanshi Ram Nagar before this Hon'ble Court and set her at liberty forthwith.
(2.) The facts in brief of this case that the F.I.R. has been lodged by Smt. Kanti Devi, respondent No. 5 against the petitioner and others on 31.5.2012 at 4.00 p.m. in respect of the incident allegedly occurred on 17.2.2012 in case Crime No. 303 of 2012 P.S. Dholna District Kanshi Ram Nagar, alleging therein that Km. Arti, respondent No. 6, who is corpus in the present case, was kidnapped by the petitioner and others. Km. Arti was aged about 15 years, she was educated upto VIIIth Class. Km. Arti was recovered on 3.6.2012, thereafter, her statement under section 161, Cr.P.C. was recorded and she was medically examined on 4.6.2012 at 9.30 a.m. According to the medical examination report, no injury was seen on her person, her hymen was old torn and in opinion about rape could not be given because she was used to sexual intercourse. According to the medical examination report, she was found pregnant and she was aged about 18 years. Thereafter, on the application moved by the Investigating Officer with regard to the custody, the learned C.J.M. Kanshi Ram Nagar passed order on 11.6.2012 by which was sent to Nari Niketan, Kanpur Nagar. Before passing the order dated 11.6.2012, the statement of Km. Arti under section 164, Cr.P.C. was also recorded by the learned Magistrate concerned. The order dated 11.7.2012 is under challenged in the present writ petition.
(3.) It is submitted by learned Counsel for the petitioner:- 1. That the said victim Km. Arti as per medical report is above 18 years and before learned C.J.M. there is no dispute about her age despite of this by giving wrong and perverse finding about her age she did not set free on her Will and illegally sent her to Nariniketan vide order dated 11.6.2012 (Annexure No. 3) which is wholly illegal and incorrect. 2. That from the order dated 11.6.2012 (Annexure-3) learned C.J.M. Kanshi Ram Nagar has sent victim Km. Arti illegally to Nariniketan for an indefinite period as such the said order dated 11.6.2012 (Annexure-3) is itself illegal and incorrect in the eye of law. 3. That the said victim Km. Arti is illegally sent to Nariniketan for indefinite period while she is major as per medical record. The said victim Km. Arti who has married with the petitioner has sated before learned Court in her statement under section 164, Cr.P.C. about her marriage with petitioner and also desired to set her free to go to live with the petitioner but the learned C.J.M. illegally has sent a major lady to Nariniketan where she is detained against her will hence this petition. 4. That the said victim is married with the petitioner, her father is no more and the mother of said victim has not claimed. The petitioner is filing present petition before this Hon'ble Court to release Km. Arti his wife from Rajkiy Nariniketan Mathura where she is sent against her Will being major lady. 5. That the said victim Km. Arti is major, she has married with petitioner before God in a temple and desired to live with the petitioner in her statement before learned Court but the learned Court giving wrong and perverse finding about her age while she is major, sent her to Nariniketan Mathura where said victim is detained against her fee will as such the petitioner who has married with her filing present petition. 6. That the F.I.R. of this case has been lodged belatedly because respondent No. 5 was knowing well that her daughter Km. Arti had performed marriage with Lalla alias Ranjeet and due to ulterior motive, F.I.R. has been lodged. Respondent No. 6, Km. Arti has been recovered by the Investigating Officer on 3.6.2012 and she was medically examined. According to the medical examination report, she was found aged about 18 years and she was having the pregnancy. Thereafter, her statement under section 161, Cr.P.C. has been recorded in which she clearly stated before the Investigating Officer with her free Will she performed the marriage with the petitioner, she wanted to go in his company, the same statement was given by Km. Arti under section 164, Cr.P.C. The father of the corpus has died. The corpus is major, she was summoned by this Court when she was brought to Allahabad, she given birth to a child in the morning of 30.10.2012 that is why she was admitted in Swaroop Rani Hospital, Allahabad and she could not be produced before this Court on 3.10.2012, on this ground she was directed to be produced before this Court on 8.10.2012, on 8.10.2012 she appeared before this Court and stated that she was an uneducated girl, she had completed 18 years of age, she had performed marriage with the petitioner in a Shiv Temple of Aligarh and she stated that she did not want to live in Nari Niketan, in such a situation she may not be detained in Nari Niketan, her detention in Nari Niketan is illegal, she may be directed to be released from the Nari Niketan.;