KIRAN THROUGH HER NEXT FRIEND RAHUL Vs. STATE OF U P
LAWS(ALL)-2018-5-144
HIGH COURT OF ALLAHABAD
Decided on May 22,2018

Kiran Through Her Next Friend Rahul Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Rajnish Kumar, J. - (1.) The detenue-Kiran housed in Women Protection Home (Balika Grah Gandhi Sewa Niketan) (hereinafter referred to as Women Protection Home), Garariyan Ka Purwa, District Raebareli has approached this Court through her next friend Rahul to release the detenue from the Women Protection Home and set her free to live with her own choice. Further it has been prayed that the impugned order dated 01.11.2017, passed by the Additional Chief Judicial Magistrate, Court No.17, District Sultanpur, in case Crime No.669 of 2017,under Section 363 and 366 of the Indian Penal Code, 1860, Police Station Jamo, District Amethi, under which the petitioner is housed in the Women Protection Home be quashed.
(2.) This case had come up before this Court on 14.05.2018. This Court had required the presence of detenue before this court today i.e. 22.05.2018. The following order was passed on 14.05.2018:- "This petition has been filed with a prayer to issue a writ of habeas corpus directing the respondent no.4, where the detenue is presently housed, to release her forthwith and allow her to go according to her own wish. In the statement recorded under Section 164 Cr.P.C., she has not supported the prosecution case. She was medically examined and was found aged about 19 years. In these circumstances, we require the presence of detenue before this Court. Let the detenue be produced by respondent no.4 on the next date before this Court. Respondent no.5 shall also be present before this Court on that date. List this case on 22.05.2018. Learned A.G.A. shall communicate this order to the Station House Officer concerned as also to the respondent no.4 forthwith. Presence of respondent no.5 before this Court shall be ensured by the Station House Officer concerned."
(3.) The detenue-Kiran has been brought from the Women Protection Home-respondent No.4 by Ms.Poonam Singh, Superintendent and Ms.Pooja Yadav, Constable.;


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