Writ for Habeas Corpus Under Section 226

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Code:

Group-Habeas Corpus

District-Bahraich

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH LUCKNOW

W.P. No.                (H/C) of 2020

 

Smt. Anju through her husband/next friend

                                                                          …………..Petitioner

                                                        (In Govt. custody)

Versus

State of U.P.  & others                                            ..…….Opp. Parties

INDEX

Sl.No.	Particular of papers	Page No.
1	List of Dates and Events	Separate
2	Application for Interim relief	Separate
3	Memo of writ petition
4	Annexure No.1 Copy of the order dated 06.06.2020
5	Annexure No.2. Copy of the order dated 09.06.2020.
6	Annexure No.3. A photo/typed copy of the FIR Crime No. 81/2020.
7	Annexure No.4. The typed copy of the statement of the petitioner recorded before the Court concern.
8	Annexure No.-5 The copy of the educational certificate of the petitioner.
9	Affidavit
10	I.D. Proof of the deponent
11	Power/Memo

 

 

 

Lucknow                                                         (Vinod Kumar Pandey)

Dated-                                                                                Advocate

                                                                 Counsel for the Petitioner

Regn. No-0000/2010

                                                                                 AOR No-0000                   

                                Mob-9415381583

Code:

Group-Habeas Corpus

District-Bahraich

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH LUCKNOW

W.P.No.                (H/C) of 2024

 

Smt. Anju through her husband/next friend

                                                                           …………..Petitioner

                                                                            (In Govt. custody)

Versus

State of U.P.  & others                                           ..…….Opp. Parties

DATE & EVENTS

Sl.No.	Dates	Events
1		The petitioner and the deponent Raman both are in love and affection to each other for several years and wants to marry to each other with their own free will.
2		The family members of the petitioner were not agreed for the marriage of the petitioner with the Raman and have married the petitioner with Nafees.
3		The Nafees after coming to know about the relation of the petitioner with Raman has left the petitioner.
4	23.03.2024	The petitioner and Raman have left their houses and married as per their religious.
5	23.03.2024	The false report has been lodged by the O.P. No.4 against the Raman.
6.		The statement of the petitioner was recorded U/s-161 and 164 Cr.P.C. in which she has not supported the prosecution case and wishes to live with the Raman.
7	09.06.2024	The petitioner has been sent in custody of O.P. No.2 by the order passed by the court below & C.W.C. Bahraich.
		Hence this petition.

 

 

Lucknow                                                        (Vinod Kumar Pandey)

Dated-                                                                               Advocate

                                                               Counsel for the Petitioner

Code:

Group-Habeas Corpus

District-Bahraich

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH LUCKNOW

 

C.M. Application No.                 of 2024

In;re

W.P.No.                (H/C) of 2024

 

 

 

5 Rs Stamp

 

 

Smt. Anju through her husband/next friend

                                                                           …………..Petitioner

                                                                             (In Govt. custody)

Versus

State of U.P.  & others                                            ..…….Opp. Parties

 Application for Interim Relief

    The petitioner most respectfully submits as under:-

        For the facts and reasons and circumstances mentioned in the accompanying writ petition duly supported by an affidavit, it is most respectfully prayed that during the pendency of the writ petition, this Hon’ble Court may kindly be pleased to direct the opp. parties to produce the petitioner/detenue before this Hon’ble Court from the custody of O.P.No. 2 and she may be set at her liberty. 

        Such other order or direction which this Hon’ble Court may deem just and proper with the circumstance of the case be also passed.  

Lucknow                                                        (Vinod Kumar Pandey)

Dated-                                                                               Advocate

                                                                Counsel for the Petitioner

Code:

Group-Habeas Corpus

District-Bahraich

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH LUCKNOW

 

W.P. No.                (H/C) of 2024

 

100 Rs Stamp

Smt. Anju, aged about 18 years, D/o Sri Rohit, W/o Sri Raman, R/o-Village-Sirsa Khurd, P.S. Rampur Kala, District Bahraich through her husband/next friend Raman, S/o Sri Naresh, R/o- Village-Sirsa Khurd, P.S. Rampur Kala, District Bahraich.

                                                                          …………..Petitioner

                                                                            (In Govt. custody)

Versus

1.    State of U.P. through Secretary Home, Civil Secretariat, Lucknow

 

2.    Superintendent Government Child Home (Girls) Moti Nagar, Lucknow.

 

3.    Child Welfare Committee, Bahraich through its President.   

 

4.    S.H.O./I.O. Cr.No.-81/2024 U/s-364 IPC  P.S. Rampur Kala, District Bahraich.

 

5.    Renu, W/o Mohd. Wasi, R/o-Village Rewali, P.S. Rampur Kala, District Bahraich.                             

                                                                      ………Opposite Parties

 

Writ Petition under article 226 of the constitution of India

To,

The Hon’ble Chief Justice,

& other Hon’ble companion Judges of this Hon’ble Court.

The petitioner begs to submit as under:-

1.     That this is the first writ petition Under Article 226 Constitution of India filed by the petitioner and the petitioner has not filed any other writ petition before the Hon’ble High Court Allahabad or its Lucknow Bench for the same reileif.

2.     That the petitioner further declares that the petitioner has not received any caveat or notice from any of the opp. parties through registered post or any other sources.

3.     That the present petition is being filed for seeking a writ, order or direction in the nature of Habeas Corpus commanding the opp. parties to produce the detenue Smt. Anju before this Hon’ble Court and this Hon’ble Court may kindly be pleased to set her at her liberty with her free own will and also a writ order or direction in the nature of Certiorari thereby quashing the order dated 06.06.2024 passed by the Civil Judge (J/D)/J.M. Bahraich and order dated 09.06.2024 passed by C.W.C. Bahraich. The Copy of the order dated 06.06.2024 & 09.06.2024 is being annexed here with as Annexure No.1 & 2 to this writ petition.

4.     That in pursuance of order dated 06.06.2024 the petitioner was produced before C.W.C. Bahraich on 09.06.2024 and from there she was directed to house in Government Child Home (Girls) Moti Nagar, Lucknow.

5.     That the brief facts of the case are that the petitioner and the Raman (deponent) are in love and affection to each other for several years and wanted to marry to each other with their free will but the family members of the petitioner was not ready for this relationship due to his personal interest.

6.     That the family members of the petitioner had married the petitioner with one Nafees and when he knows to came that the petitioner was in love and relation with the deponent he left the petitioner.

7.     That when the husband of the petitioner has left the petitioner, the petitioner has gone with the deponent with her own free will and have married with the deponent.

8.     That being aggrieved by the act of the petitioner the O.P. No.-4 has lodged a false FIR against the deponent which was registered at Crime No.-81/2024 U/s-364 IPC P.S. Rampur Kala, District Bahraich. A photo/typed copy of the FIR is being annexed herewith as Annexure No.-3 to this writ petition.

9.     That in pursuance of the FIR lodged by the O.P. No.-4 the petitioner has came to police station and given her statement U/s-161 & 164 Cr.P.C. and her medical examination was also done and thereafter she was produced before the Court concern for custody where her father and her husband (Raman) has claimed the custody where the statement of the petitioner was recorded in which she wishes to go with her husband Raman. The typed copy of the statement of the petitioner recorded before the Court concern is being annexed herewith as Annexure No.-4 to this writ petition.

10.   That the petitioner is about more than 18 years of the age and as per the educational certificate her date of birth is 18.08.2002 and at present she is about 17 years 10 months of the age. The copy of the educational certificate of the petitioner is being annexed herewith as Annexure No.-5 to this writ petition.

11.   That the petitioner was married against her wishes with Nafees and he has left the petitioner thereafter the petitioner has came with the deponent and has married with her free own will and wants to live with deponent.        

 12.  That the petitioner is major and has married with the Raman with her own consent.

13.   That the petitioner is major and her age is about more than 18 years and her age is written in the FIR about 21 years.

12.   That the statement of the petitioner was also recorded before the police and also before the Magistrate in which she has not supported the version of the FIR and clearly stated that she was not kidnapped and has gone with her free own will.  

13.   That the petitioner was produced before the court on 06.06.2024 for custody where the husband of the petitioner has claimed her custody and the father of the petitioner has also claimed custody but the petitioner has denied to go with her parents and thereafter the petitioner was housed in Nari Niketan Lucknow.  

14.   That the Learned Court below has rejected the application moved by the husband of the petitioner and sent her to Child Home Lucknow vide order dated 09.06.2024.

 15.  That the petitioner being 18 years of age is a person of sound mind and has married with the deponent and wishes to live with him against the wishes of her father and the detention of the petitioner in custody of opposite party No. 2 is spoiling her rights.

16.   That the petitioner wishes to go with the deponent and the detention of the petitioner is spoiling her married life.

17.   That the detention of the petitioner in custody of opposite party No. 2 is the violation of Article 21 of the constitution of India.

18.   That the petitioner is illegally detained in custody of the opposite party no.2.

19.   That the petitioner cannot be detained against her wishes being a person of sound mind and major.

20.   That there is a clear view of this Hon’ble Court that a person of sound mind cannot be detained against her wishes.   

21.   That the petitioner having no other efficacious and alternative remedy invoking jurisdiction of this Hon’ble Court U/A 226 Constitution of India on the following grounds :-

GROUNDS OF WRIT PETITION

(A)    Because, the petitioner is major aged about 18 years and her custody is illegal.     

(B)    Because, the petitioner is illegally detained in custody of the opposite party No. 2

(C)    Because, the detention of the petitioner is the violation of Article 21 of the Constitution of India. 

(D)    Because, due to detention of the petitioner the rights of the petitioner is spoiled.

(E)    Because, the detention of the petitioner is causing threat in her matrimonial life.

(F)    Because, the detention of the petitioner is against her will.

(G)    Because, the petitioner have married with the deponent and wants to live with him.

(H)    Because, the petitioner is a women of sound mind and intellect.  

PRAYER

Wherefore it is most humbly prayed that this Hon’ble Court may kindly be pleased to issue:-

i.           A writ, order or directions in the nature of Habeas Corpus commanding the opposite parties to produced the petitioner before this Hon’ble Court from the custody of opposite party No. 2 and she may be set at her liberty in the interest of justice.

ii.          A writ, order or direction in the nature of certiorari quashing the order dated 06.06.2024 passed by the Civil Judge (J/D)/J.M. Bahraich in Crime No.-81/2024 U/s-364 I.P.C. of P.S. Rampur Kala, District Bahraich and the order dated 09.06.2024 passed by C.W.C. Bahraich. annexed here with as Annexure No. 1 & 2 to this writ petition.

iii.        Any other writ, order or direction which this Hon’ble Court may deems fit and proper as the circumstances of the case, be also passed in favor of petitioner.

Lucknow                                                         (Vinod Kumar Pandey)

Dated-                                                                                Advocate

                                                                Counsel for the Petitioner

Code:

Group-Habeas Corpus

District-Bahraich

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH LUCKNOW

W.P. No.                (H/C) of 2024

 

 

 

10 Rs Stamp, Photo Affidavit, Coupan

 

 

Smt. Anju through her husband/next friend

                                                                            …………..Petitioner

                                                                             (In Govt. custody)

Versus

State of U.P.  & others                                            ..…….Opp. Parties

 

Affidavit

I, Raman, aged about 22 years, S/o Sri Naresh, R/o- Village-Sirsa Khurd, P.S. Fakharpur, District Bahraich, Qualification-Literate, Profession-agriculture, do hereby solemnly affirm on take oath as under :-

1.     That the deponent is the husband/next friend of the detenue and has filed this petition on her behalf as such he is fully conversant with the facts and circumstances of the case.

2.     That the contents of paras-1,2,5,6,8,9,11 & 15 of the accompanying writ petition are true to my own personal knowledge and those of paras-3, 4, 7, 10, 12, 13,14,16,17,18,19,20&21 are believed to be true on the basis of record and legal advice received by the petitioner. 

3.     That the Annexure No. 1 to 5 are the true copies of their respective originals.

Lucknow

Dated:12.06.2024                                      Deponent

Verification

I the above-named deponent do hereby verify that the contents of paras 1 to 3 of this affidavit are true to my own personal knowledge. No part of this affidavit is false and nothing material has been concealed. So help me God.

Lucknow

Dated:12.06.2024                                      Deponent

I, identify the deponent on the basis of record produced by him in the above noted case who has signed before me.

                                              (Vinod Kumar Pandey)

                                                   Advocate

                                          Mobile No. 9415381583

                                                  AOR No-000000

   

       Solemnly affirmed before me on ………………  at …… a.m./p.m. by Raman the deponent who has been identified by Sri Vinod Kumar Pandey, Advocate High Court, Lucknow bench, Lucknow.

        I, have satisfied myself by examining the deponent that he understands the contents of this affidavit which has been read over and explained to him by me.

                                                OATH COMMISSIONER