- (1.) In view of the office report dated 21.9.2015 the service on the respondent no. 4 is deemed to be sufficient. None has appeared on behalf of respondent no. 4. This Habeas Corpus Writ Petition has been filed by the petitioners with the prayer to issue a writ of habeas corpus directing the respondent no. 2 to produce the corpus of petitioner no. 1, Smt. Mala, before this court and set her at liberty after recording her statement. A further prayer has also been made to quash the order dated 17.6.2014 passed by the Judicial Magistrate/ Civil Judge (J.D.), Mau, in Criminal Case No. 295 of 2013, under section 363, 366 I.P.C. P.S. Dohrighat, District Mau, as well the order dated 25.4.2005 passed by the Additional Sessions Judge, Court No. 3, Mau, in S.T. No. 5 of 2014 by which the application moved by the petitioner no. 2 before him for releasing the petitioner no. 1 was rejected by him.
(2.) The brief facts of the case are that on the basis of an FIR lodged by respondent no. 4 Case Crime No. 295 of 2013 was registered under sections 363, 366 I.P.C. at P.S. Dohrighat, District Mau, against petitioner no. 2. As per the FIR allegations the petitioner no. 2 had enticed away the minor daughter of respondent no. 4, Mala aged about 14 years on the promise of solemnizing marriage with her. After the petitioner no. 1, Mala, was recovered by the police she was subjected to medical examination for determination of her age and her statement under section 164 Cr.P.C. was also recorded. Her medical examination report has been brought on record as Annexure no. 3 whereas her statement recorded under section 164 Cr.P.C. has been filed as Annexure no. 4 to the petition. On the application moved by the I.O. before the Judicial Magistrate/ Civil Judge (J.D.), Mau, for deciding the case of interim custody of petitioner no. 1 an order was passed by him on 17.6.2014 for sending her to Nari Niketan, Varanasi, holding her to be minor on the basis of her date of birth recorded in the Transfer Certificate issued by the Headmaster of Primary School, Parikhapur, District Mau, (Annexure no. 7) after she refused to go to her parent's home.
(3.) It appears that during pendency of the trial of the petitioner no. 2 in S.T. No. 5 of 2014 arising out of Case Crime No. 295 of 2013 also the petitioner no. 2 had filed an application for releasing the petitioner no. 1, Smt. Mala, which was rejected by the Additional Sessions Judge, Court No. 3, Mau, vide his order dated 25.4.2015, which was challenged by the petitioner no. 2 before this court in Application U/s 482 No. 15987 of 2015. The aforesaid application was dismissed by this court by order dated 27.8.2015 (Annexure no.9) with the liberty to the petitioner to either file a revision against the order of the Magistrate dated 17.6.2014 or to seek such other appropriate legal remedies for which the petitioners may be advised.;