NOOR BANO THROUGH HER HUSBAND MUBARAK Vs. STATE OF U P THROUGH SECY DEPTT OF HOME LKO AND ORS
LAWS(ALL)-2017-11-177
HIGH COURT OF ALLAHABAD
Decided on November 29,2017

NOOR BANO THROUGH HER HUSBAND MUBARAK Appellant
VERSUS
STATE OF U P THROUGH SECY DEPTT OF HOME LKO AND ORS Respondents

JUDGEMENT

Dinesh Kumar Singh, J. - (1.) The petition seeks issuance of a writ in the nature of Habeas Corpus directing respondent no.4 to produce the petitioner detenue before this Court. The petition also seeks issuance of a writ in the nature of certiorari quashing of the impugned order dated 25.10.2017 passed by learned Additional Sessions Judge/Special Judge Room No.1, Sultanpur.
(2.) On 13.11.2017 this Court passed the following order:- "1. The petition seeks issuance of a writ in the nature of Habeas Corpus directing respondent no.4 to produce the detenue in Court and after taking statement set free the detenue at her liberty. The petition also seeks issuance of a writ in the nature of certiorari quashing impugned order dated 25.10.2017 passed by learned Additional Sessions Judge/Special Judge Room No.1, Sultanpur. 2. It has been asserted on behalf of the petitioners that the case is squarely covered by judgment rendered by this court in Writ Petition No.156(H/C) of 2015: Smt. Poonam versus State of U.P. and others decided on 17.09.2015. 3. Let respondent no.5 be served through S.H.O. Police Station Kotwali Nagar, District Sultanpur. 4. Respondent no.4 is directed to produce the petitioner in Court. 5. The deponent and respondent no.5 shall also remain present in Court. 6. The Investigating Officer of Case Crime No.656 of 2017 under Section 363, 366, 354A, 504, 506 I.P.C. and Section 7/8 of the Protection of Children From Sexual Offences Act, Police Station Kotwali Nagar, District Sultanpur shall file his affidavit. 7. List on 29.11.2017. "
(3.) In deference to above extracted order, the petitioner has been produced in court. We have questioned the petitioner. The petitioner has reiterated her statement recorded under Section 164 Cr.P.C. The petitioner states that she is married to Mubarak and wants to live with her husband Mubarak.;


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