IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL Nos.1010-1011 OF 2009
[Arising out of SLP(Crl.) Nos.6700-6701 of 2007]
ANITA YADAV ... Appellant(s)
Versus
MANAS ROY & ORS. ... Respondent(s)
ORDER
Leave granted.
These appeals are directed against the orders dated 16 th July, 2007 and
17th September, 2007 passed by the Delhi High Court in Writ Petition(Crl.)651/2007,
which was a Habeas Corpus petition. Pursuant to notice served on the father of the
appellant herein, the appellant appeared before the High Court in the Habeas Corpus
proceedings and personally informed the court that she was not willing to go back to
the respondent No.1 herein and that she wished to stay with her parents.
At that point of time, the parties in the Habeas Corpus petition were
served and there was no further reason
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to continue to proceed with the writ petition. However, despite the above, the High
Court on 17th September, 2007 directed the father of the appellant to be present along
with the appellant before the court on certain allegations made by the respondent No.1
herein that she was married to him.
We fail to understand how in a Habeas Corpus petition, such a direction
could have been given since the appellant had already appeared and had made her
preference known and had also filed an affidavit in which the case of the appellant
was supported.
In that view of the matter, the appeals are allowed and the impugned
orders of the High Court are set aside.
……………….J.
(ALTAMAS KABIR)
……………….J.
(CYRIAC JOSEPH)
New Delhi,
May 12, 2009.