Allahabad High Court
Smt. Rinki @ Namrata & Another vs State Of U.P. & Others on 21 July, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 49 Case :- HABEAS CORPUS WRIT PETITION No. - 36014 of 2010 Petitioner :- Smt. Rinki @ Namrata & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Devraj Singh Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Counter affidavit filed on behalf of respondent no. 3 today be kept on record.
Heard Sri Devraj Singh learned counsel for the petitioner and Sri D. K. Dwivedi learned counsel for the respondent no. 3 and the learned A.G.A. for the respondent no. 1 and 2.
Pursuant to the order of this court dated 21.06.2010, the corpus Smt. Rinki @ Namrata appeared before this court. She was identified by her counsel Sri Devraj Singh.
Upon enquiry she denied having married the petitioner no. 2 Amarjeet. She further contended that she was living with her parents out of her own will and she has not been illegally detained by her father respondent no. 3. She also conceded that she never instructed the respondent no. 2 to file this writ petition on her behalf. She stated that she is aged about 18 years old. According to her medical report her age is 19 years. Since she is major she is free to go where-ever she desires.
For the reasons stated above, the present habeas corpus writ petition is dismissed with cost of Rs. 1000-.
The petitioner no. 2 Amarjeet shall deposit a sum of Rs. 1,000/- before the Chief Judicial Magistrate, Allahabad within a period of one months form today and the said amount shall be paid to the corpus Smt. Smt. Rinki @ Namrata after due her verification. In case the amount as directed herein above is not deposited, then coercive action shall be taken against the petitioner no. 2 Amarjeet for recovery of the amount awarded from him.
Order Date :- 21.7.2010 YK