Court No. - 5 Case :- HABEAS CORPUS No. - 870 of 2009 Petitioner :- Smt. Jyotika Verma Respondent :- State Of U.P.Through Investigation Officer Lko.And Ors. Petitioner Counsel :- G.S.Awasthi Respondent Counsel :- G.A. Hon'ble Vedpal,J.
By means of this petition, it has been prayed that opposite parties be directed
to produce detenue-petitioner in the Court and after taking her statement she
be set free on the basis of her statement.
Counter affidavit filed on behalf of opposite party no. 2 is taken on record.
Heard Sri G.S. Tiwari Advocate on behalf of Sri Sushil Bhatt, learned
A.G.A. on behalf of opposite party no. 1 and Sri Gyan Singh Chauhan
Advocate on behalf of Sri Dinesh Chandra Verma for opposite party no.2.
The alleged detenue Smt. Jyotika Verma is also present before the Court. She
has been produced in the Court by the Police. She in her statement on oath has
deposed that she is presently living with her parents with her own free will
and she has not been confined by her parents. She further stated that she has
no concern with Sushil Bhatt, who has filed this petition. She further states
that she is about 19 years of age and understands right and wrong and she
wants to reside with her own parents.
In view of above statement of Smt. Jyotika Verma, case of illegal detention is
not made out and it appears that the present petition has been filed without
sufficient and proper cause.
In the facts and circumstances of the case the petition is dismissed with costs
of Rs.10,000/- which shall be realised by the District Magistrate concerned
from Sushil Bhatt as land revenue and shall be deposited in this Court within
one month from the date of receipt of the order. After deposit of the same
amount in the Court, Ms Jyotika Verma may withdraw the same.
Office is directed to send a copy of this order to the District Magistrate
concerned for necessary action within seven days.
Order Date :- 29.7.2010
Tripathi