JAGDISH SAHAI, J. - (1.) JAMMO , the petitioner, is the father of Km. Mushtari. and Km. Akhtari who are detained in the Government protective Home, Meerut. The prayer in the petition is that a writ of habeas corpus be issued commanding the respondents to produce Km. Mushtari and Km. Akhtari in Court and to set them at liberty.
(2.) THE facts giving rise to this petition in short are that the Deputy Superintendent of Police, .Meerut (Special Police Officer) Sri. M. C. Rawat, received information that Km. Mushtari and Km. Akhtari were below the age of 21 years and were made to carry on prostitution in house No. 509, Kabari Bazar, Meerut which is situated at a distance of 200 yards from a mosque. Sri Rawat, after satisfying himself by making enquiries, searched house No. 509 (hereinafter referred to as the house) and rescued Km. Mushtari and Km. Akhtari. He has stated in the counter -affidavit sworn by himself that he did not wait to obtain a warrant from a Magistrate because he feared that by the time he did so, the, girls might be removed from the house. After arresting Km. Mushtari and Km. Akhtari he produced them before the City Magistrate Meerut at 5.10 P.M. on 5th of December, 1961, the day he arrested them. The City Magistrate passed the following order with regard to Km. Akhtari : "Km. Akhtari was produced before me with this report today. Let her be medically examined and produced before me on 13.12.1961. For interim custody she will remain in Government Protective Home, Meerut." Sd/ - Ranjit Singh City Magistrate and Magistrate I Class, Meerut. D/ -05.12.1961 - 5.10. P.M."
(3.) HE passed a similar order with regard to Km. Mushtari. It appears that on the 6th of December, 1961 a bail application was moved on behalf of these two girls before the learned City Magistrate who passed the following order on that application : "Km. Akhtari and Km. Mushtari have already been sent up to the Government Protective Home, Meerut for interim custody. Put up after their medical examination. Sd/ - Ranjit Singh, Magistrate I class, Meerut. D/ -06 -12 -61." No further proceedings have taken place in respect of Km. Akhtari and Km. Mushtari. The present application was moved in this Court on the 21st of December, 1961.;