- (1.) This petition seeks issuance of a writ in the nature of certiorari quashing order dated 1.3.2016 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Court No. 2, Hardoi vide which the detenue has been housed in respondent No. 2 facility. The petition also seeks issuance of a writ in the nature of habeas corpus directing the respondents to produce the petitioner and release her.
(2.) Order dated 29.3.2016 notices the gist of the issue raised by way of this petition. Order dated 29.3.2016 reads as under: - 1. The petition seeks issuance of a writ of Habeas Corpus directing release of the detenue from respondent No. 2 facility. 2. It has been pleaded that the petitioner got married to the deponent of her free will. The marriage, however, has not been accepted by respondent No. 4. Under the circumstances, criminal proceedings have been initiated vide Case Crime No. 16/2016 under Ss. 363, 366, P.S. Kotwali Dehat, district Hardoi. 3. In the course of investigation, statement of the petitioner has been recorded under Sec. 164 CrPC, in which she has made it evident that she had not been kidnapped; rather she got married to the deponent of her free will. 4. Learned counsel has also referred to the medical age of the petitioner which has been determined as eighteen years as is evident from Annexure -6. It has been pleaded that liberty of the petitioner has been curtailed without any legal cause vide impugned order dated 1.3.2016 (Annexure -1). 5. Issue notice to respondent No. 4 to be served through Station House Officer, P.S. Kotwali Dehat, district Hardoi, returnable on 5.4.2016. 6. Learned Government Advocate shall ensure compliance. 7. The investigating officer of Case Crime No. 16/2016 (supra) is directed to file his affidavit. 8. Respondent No. 2 is directed to produce the petitioner in Court, on the next date of listing. 9. List on 5.4.2016."
(3.) Affidavit has been filed on behalf of the investigating agency in court, which is taken on record. It has been stated that notice has been served on respondent No. 4, who is father of the petitioner.;