- (1.) Heard learned counsel for the petitioner and learned A.G.A. for the State.
(2.) The present habeas corpus writ petition has been filed for setting aside the order dated 25.05.2018 passed by learned Additional Chief Judicial Magistrate, Room No.3, District Ghaziabad, whereby the detenue namely, Simran alias Simran Kaur has been sent to Nari Niketan, Meerut and further for a direction to respondent no.2 to release the corpus forthwith and set her at liberty.
(3.) Perusal of the record shows that though instant habeas corpus writ petition has been filed on behalf of the petitioner through her next friend/husband namely, Sonu Bhati son of Chater Singh Bhati resident of Badpura Post and Police Station Dadri, District Gataumbudh Nagar but the affidavit in the present case has been sworn by one Mange Ram Bhati resident of Kale resident of 129 Badhpura Dadri, Police Station Dadri, District Gautambudh Nagar. Record further reveals that signature put on the vakalatnama is of Mange Ram Bhati instead of Sonu Bhati- the next friend of detenue petitioner when in fact, said Mange Ram is the deponent of the present habeas corpus writ petition. No person can be permitted to misuse the the extra ordinary writ jurisdiction of the High Court by filing a Habeas Corpus Petition and get the corpus (girl) summoned without realising that it may not only adversely affect the honour and prestige of the corpus (girl) but also her entire family.;