- (1.) HEARD Sri Sanjay Mishra, learned counsel for the petitioner, Sri Vidhu Bhushan Singh, learned Additional Advocate General for the State of U.P. assisted by Sri Neeraj Kant Verma and Sri A.K.Sand, learned A.G.A. for the State of U.P.
(2.) THIS petition has been filed on behalf of Smt. Arti Devi through her next friend and husband Sri Jagroop for the following prayers : 1)issue a writ, order or direction in the nature of habeas corpus directing the respondent no. 2 to produce the corpus of detenue -petitioner from Nari Niketan, as she is major and to set her liberty after setting aside the order dated 21.7.2014 passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Kanpur Dehat passed in Case Crime No. 164 of 2014 under section 363,366 IPC Police Station Bhognipur, district Kanpur Dehat. 2)issue any other suitable writ, order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case to meet the ends of justice. 3)to award the cost of the petition.
(3.) THE facts in brief of this case are that the FIR has been lodged by Smt. Shashi Devi, mother of the corpus Arti Devi on 9.5.2014 at 1.30 a.m. in case crime no. 164 of 2014 under sections 363,366 IPC P.S. Bhognipur district Kanpur Dehat against the accused Jagroop and Chhunna alleging therein that Km. Arti Devi, whose death of birth is 7.7.1997 was sent by the first informant to Bhognipur for depositing a sum of Rs. 8,000/ - on 25.4.2014, she was accompanied by her sister Akansha but on the way to Bhognipur near Sayyad Baba Ki Mazar, accused Jagroop and Chhunna met her, they offered the corpus Km. Arti Devi to take the lift on their motorcycle at the pretext that she would be reached to the Bank at the earliest and her sister Akansha was asked to go back to her house, they took away Km. Arti, thereafter, her whereabouts could not be known, after 2 or 3 days accused Chhunna came back to his village and extended threat to the first informant to leave the village in lieu of returning Km. Arti to her. On behalf of Smt. Arti Devi, accused Jagroop and Chhunna, a criminal misc. writ petition no. 1722 of 2014 has been filed in the High Court with a prayer to quash the FIR dated 9.5.2014 in case crime no. 164 of 2014 under sections 363,366 IPC P.S. Bhognipur district Kanpur Dehat, the same was disposed of on 5.6.2014 with a direction that if the alleged kidnapped girl appears/is produced before the court of learned magistrate concerned within a month from today, he shall satisfied himself as to whether the girl is major or not and shall record her statement under section 161 and 164 Cr.P.C. It was also directed that the issue of custody of the alleged kidnapped girl shall be decided by the learned magistrate concerned in accordance with law. In pursuance of the order dated 5.6.2014, the corpus Arti Devi was produced before the magistrate concerned, her medical examination was done and her statement under section 164 Cr.P.C. was recorded, she specifically denied the prosecution version and had categorically stated that she with her free will and consent has performed marriage with Jagroop and she wanted to go with him. The learned Additional Chief Judicial Magistrate, Court No. 1, Kanpur Dehat in pursuance of the order dated 5.6.2014 decided the issue of the custody of the corpus on 21.7.2014. According to the finding recorded, she was minor on the basis of High School Certificate. In High School Certificate, her date of birth has been mentioned 7.7.1997 but according to the medical examination report, she was aged about 19 years. The corpus had refused to go in the company of her parents, she was minor that is why the I.O. was directed to produce the corpus before the juvenile Justice Board for keeping the corpus at proper place. Being aggrieved from the order dated 17.7.214 the present habeas corpus writ petition has been filed. It is contended by the learned counsel for the petitioner that the learned A.C.J.M. Court No. 1 Kanpur Dehat passed an illegal order dated 21.7.2014 because according to the medical examination report the corpus was aged about 19 years and according to the High School Certificate, she was aged about 17 years and the corpus herself had stated under section 164 Cr.P.C. that she wanted to go in the company of her husband Jagroop and she had categorically stated that she had performed the marriage with Jagroop, in such circumstances, the learned A.C.J.M. Court No. 1 Kanpur Dehat has not applied his judicial mind and without any proper reason the corpus has been directed to be produced before the Bal Kalyan Samiti for rehabilitating the corpus, thus, the detention of the corpus has become illegal, therefore, the corpus may be set at liberty by setting aside the order dated 21.7.2014.;