- (1.) THIS writ petition under Article 226 of the Constitution of India, has been filed, seeking a direction to respondents in the nature of habeas corpus to produce corpus of petitioner before the Court in person, since she has been detained in Government Women Protection Centre, Kalindikunj, Agra without her consent illegally.
(2.) IT is said that petitioner is major, having her age of more than 25 years. She is not wanted in any criminal case nor is accused in any such matter. She has never been indulged in immoral trafficking etc. A false story was set up and FIR in Case Crime No. 326 of 2014 was registered at Police Station Kotwali, District Allahabad on 18.11.2014, in which, it was stated that from House No. 72/91, Meergunj, Allahabad police recovered a large number of girls indulged in immoral trafficking which included the name of petitioner also. The aforesaid FIR has been registered under Sections 3, 4, 5, 6, 7 and 9 of The Immoral Traffic (Prevention) Act (hereinafter referred to as 'Act, 1956'), 1956, Section 4, 8 of Protection of Children From Sexual Offences Act, 2012 and Sections 370, 370 -A, 372 read with Section 34, 120 -B IPC. On the report submitted by Circle Officer -IInd, Allahabad before Chief Judicial Magistrate the petitioner and twenty two other girls were sought to be kept at Government Women Protection Home, Kalindikunj, Agra, whereupon Magistrate passed an order for medical examination and further investigation under Section 17(3) of Act, 1956 and keeping the girls at the aforesaid centre at Agra. The order was passed by the Magistrate on 21.11.2014. This Court passed an order directing the respondents to produce the petitioner in person before the Court, pursuant whereto the girl, who has been produced before the Court, stated that her name is Lipi Das, date of birth 17.09.1995, resident of Canal Road, Madhyamgram(m), North 24 Parganas, West Bengal.
(3.) LEARNED A.G.A. stated, when the girl was recovered from House No. 72/91, Meergunj, Allahabad, she disclosed her name as Chandni Yadav, but subsequently it has revealed that her real name is "Lipi Das".;