- (1.) HEARD Sri S. P. Singh, learned counsel for the petitioner and learned A.G.A. for the State of U.P.
(2.) THIS Habeas Corpus petition has been filed by Smt. Preeti Nishad aged about 21 years through her husband Mahendra Kumar. The petitioner has alleged that she is being detained in Samvedna Alpavas Grih, Civil Line, Unnao, District Unnao by the order of the Additional Sessions Judge, Court No.9/Special Judge, Unnao dated 22.04.2015, as available at page no.s 24 and 25 of this petition.
(3.) THE petitioner says that this order has been passed treating the petitioner to be a minor. Age of the petitioner has been determined as 20 years by the C.M.O. concerned. Despite this fact Additional Sessions Judge, Court No.9/Special Judge, Unnao has passed this order. Petitioner says that she is under the detention through an illegal order. She has fundamental right to live her life on her own free will as guaranteed under the Constitutions of India and the Court may show indulgence in this regard. Learned A.G.A.has pointed out that a Habeas Corpus petition was earlier filed before this Court and an order was passed by Division Bench of this Court on 13.11.2014, directing the petitioner to file a revision against the order passed by the Sub Divisional Magistrate. It was observed that S.D.M. could pass orders under Section 98 of the Criminal Procedure Code and the petition was dismissed mainly on the ground that since the order has been passed by the Sub Divisional Magistrate under a Section of Cr.P.C., the detention cannot be said to be illegal.;