AJAI LAMBA,J. - (1.) The petition seeks issuance of a writ in the nature habeas corpus directing respondent no.4 (Superintendent, Nari Niketan, Prag Narain Road, Lucknow) to produce the petitioner in Court and set her at liberty. The petition also seeks issuance of a writ in the nature of certiorari quashing order dated 03.04.2017 vide which the petitioner has been confined in respondent no.4 facility.
(2.) Order dated 06.12.2018 notices the gist of the issue raised by the petitioner. The order reads as under :- "1. This petition seeks issuance of a writ in the nature of habeas corpus directing respondent No.4 Superintendent, Nari Niketan, Prag Narain Road, Lucknow to produce the petitioner before this Court and set her at liberty. The petition also seeks a writ in the nature of certiorari quashing order dated 3.4.2017, contained in Annexure No.3, and order dated 3.1.2018, passed by Special Judge, Protection of Children from Sexual Offences Act/Fast Track Court, Raebareli, in Case Crime No.209/2016 under Sections 363, 366, 376 I.P.C. and sections 3, 4 Protection of Children from Sexual Offences Act, P.S. Gurbaxganj, district Raebareli. 2. We have heard learned counsel for the petitioner and learned counsel for the State Ms. Nand Prabha Shukla. 3. It has been pleaded that the petitioner is married to the deponent Ajay Kumar. The parents of the petitioner wanted the petitioner to be married elsewhere which was not acceptable to the petitioner, therefore, she left her parental house, met Ajay Kumar, went with him and got married of her free will and accord. It has been pleaded that the marriage alliance of the petitioner with Ajay Kumar has not been accepted by respondent No.5, father of the petitioner, therefore, in abuse of process of the law and process of the Court, Crime No.0209/2016 under Sections 363, 366 I.P.C., P.S. Gurbaxganj, district Raebareli was registered. In the course of investigation of the said crime, statement of the petitioner as prosecutrix was recorded under section 164 CrPC, 1973 in which she has explained that she is married to Ajay Kumar of her free will and accord. 4. Learned counsel also referred to contents of Annexure No.4 to plead that on 30.3.2017, age of the petitioner was found to be seventeen years approximately. In such circumstances, it stands demonstrated that the petitioner has already attained the age of majority. It has been argued that in denial of right of the petitioner under Article 21 of the Constitution of India, the petitioner has been housed in Nari Niketan, Prag Narain Road, Lucknow vide the impugned orders. 5. Issue notice to serve respondent No.5, also through Station House Officer, P.S. Gurbaxganj, district Raebareli. Respondent No.5 is directed to remain present in Court. 6. Respondent No.4 is directed to produce the petitioner in Court on the next date of listing. Mr. Ajay Kumar, the deponent through whom the petition has been filed is also directed to remain present in Court. 7. The investigating officer of Case Crime No.209/2016 (supra) is directed to file his affidavit, detailing the evidences collected in the course of investigation. 8. List on 2.1.2019.
(3.) In deference to above extracted order, the petitioner has been produced in Court.;