Rajeev Singh,J. - (1.) The petition seeks issuance of a writ in the nature of habeas corpus directing respondent no. 2 (Superintendent of Woman Protection Home/Nari Niketan, Prag Narain Road, Lucknow) to produce the petitioner/detenue in Court and set her at liberty to live her life as per her own wish. The petition also seeks issuance of a writ in the nature of certiorari quashing order dated 04.01.2019 vide which the petitioner has been housed in respondent no. 2 facility.
(2.) We have heard learned counsel for the petitioner and Ms. Nand Prabha Shukla, learned counsel for the State. We have gone through the contents of the impugned First Information Report.
(3.) Order dated 18.2.2019 notices the gist of the issue raised by the petitioner. The order reads as under:- "1. The petition seeks issuance of a writ in the nature of habeas corpus directing respondent no. 2 (Superintendent of Woman Protection Home/Nari Niketan, Prag Narain Road, Lucknow) to produce the petitioner/detenue in Court and set her at liberty to live her life as per her own wish. The petition also seeks issuance of a writ in the nature of certiorari quashing order dated 04.01.2019 vide which the petitioner has been housed in respondent no. 2 facility. 2. We have heard learned counsel for the petitioner and Ms. Nand Prabha Shukla, learned counsel for the State. 3. It has been pleaded that the petitioner being in love with Shailendra got married to him. The alliance has not been accepted by respondent no. 5, father of the petitioner. Criminal proceedings have been initiated in abuse of process of the law and process of the Court vide First Information Report No. 91 of 2018, under Section 363 Indian Penal Code, Police Station Harpalpur, District Hardoi. In the course of investigation statement of the petitioner has been recorded under Section 164 Cr.P.C., which has been placed on record as Annexure-6. In the statement the petitioner as the prosecutrix has clearly stated that she went with Shailendra to Surat of her freewill. She was in love with Shailendra. After three months of going to Surat, she got married to Shailendra in a temple and had physical relations with him consensually. She had neither been induced nor coerced. It has further been stated by the prosecutrix that she is carrying a fetus of eight months and wants to live with Shailendra. 4. Learned counsel has also drawn attention of the Court towards document Annexure-4 vide which bone age of the petitioner has been found to be 17 years. 5. It has been pleaded that the petitioner is confined in Nari Niketan merely because her marriage alliance has not been accepted by her father, respondent no. 5. Confinement of the petitioner in Nari Niketan is in violation of right of the petitioner vested under Article 21 of the Constitution of India. 6. Issue notice to serve respondent no. 5, also through Station House Officer, Police Station Harpalpur, District Hardoi. We direct respondent no. 5 to remain present in Court on the next date of listing. State counsel to ensure compliance. 7. We direct respondent no. 2 to produce the petitioner in Court on the next date of listing. The deponent shall also remain present in Court on the next date of listing. 8. We direct the investigating officer of F.I.R. No. 91 of 2018 (supra) to file counter affidavit. 9. Considering the fact that the petitioner/detenue is at advanced stage of pregnancy, let the case be listed on 27.02.2019.";