BALA KRISHNA NARAYANA, J. - (1.) This habeas corpus writ petition was heard by us on 17.05.2017 on which date we had passed the following orders : "Case called out. Heard Sri Rajesh Kumar Tiwari, learned counsel for the petitioner and Sri Rajiv Gupta, learned counsel for respondent nos. 1, 2 and 3. Office report dated 19.04.2017 indicates that in pursuance to the order dated 08.02.2017, notice sent to respondent no.4 has been served, but neither anyone has appeared on his behalf nor any counter affidavit has been filed. Counter-affidavit has been filed by learned A.G.A., the same is taken on record. Learned counsel for the petitioner has stated that he does not propose to file rejoinder affidavit in reply to the counter affidavit filed on behalf of the State. With the consent of the learned counsel for the parties, we proceed to decide this writ petition at the admission stage in accordance with the High Court Rules. We will give reasons later but we are making the operative order now This Habeas Corpus Writ Petition is allowed and the impugned order dated 04.03.2016 passed by Additional District/Sessions Judge, Fast Track Court, Kaushambi, in Case Crime No.797/2015 under Section 363, 366, 376(2) Jha I.P.C. and 3/4 POCSO Act, Police Station- Kokhraj, District- Kaushambi is hereby set aside by us. Detenu who is presently confined in the Rajkiya Sanrakshan Grih Mahila/Nari Niketan, Allahabad shall be released forthwith."
(2.) We are giving reasons now:- This habeas corpus writ petition has been filed on behalf of the petitioner Smt. Farha Alias Mantasha (Corpus) through her husband Raju Maurya alias Mithlesh alleging her illegal detention by the respondent no.4 with a prayer to issue writ order or direction in the nature of habeas corpus directing the respondent no. 2 to produce the corpus of the petitioner Smt. Farha Alias Mantasha before this Court and set her at liberty. A further prayer has been made to issue a writ order or direction in the nature of certiorari quashing the order dated 04.03.2016 passed by Additional District and Sessions Judge, Fast Track Court, Kaushambi in case crime no. 797 of 2015 under Section 363, 366, 376(2) Jha IPC and Section 3/4 POCSO Act, P.S. Kokhraj, District Kaushambi (Annexure-5) as well as order dated 14.12.2016 passed by Chief Judicial Magistrate, Kaushambi (Annexure-7).
(3.) Briefly stated the facts of this case are that respondent no.4 Kalim Ahmad lodged an FIR on 04.11.2015 at 13.30 hours at P.S. Kokhraj, District Kaushambi with regard to an incident which had allegedly taken place on 02.11.2015 at 17.00 hours in which one Raju Maurya had forcibly entered into his house and enticed away is minor daughter Farah while she was alone in her house and watching television and thereafter he had threatened him telephonically with dire consequences in case he made any effort to search his daughter Farah.;