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2011 DIGILAW 504 (MP)

Yagya Narayan v. State of M. P.

2011-04-27

K.K.LAHOTI, SUSHMA SHRIVASTAVA

body2011
ORDER 1. This petition for issuance of writ of Habeas Corpus, has been filed by Yagya Narayan Dwivedi, alleging that his niece Ms. Sushma Dwivedi has been illegally detained by respondent No.5 Neeraj Shukla. An FIR Annexure P-1 was also lodged in this regard on 23.1.2011, but it is alleged that no action was taken by the police in this regard. 2. On 9.3.2011 we directed respondent No.2 to produce the corpus of Ms. Sushma Dwivedi before this Court, but the aforesaid order could not be complied with in spite of getting adjournments on 23.3.2011 & 18.4.2011. On 25.4.2011 a request was made by Shri Sidharth Datt, counsel appearing for the girl that Ms. Sushma Dwivedi is present in the Court and this case may be taken up in supplementary list. His prayer was accepted and case was listed in supplementary list on 26.4.2011. On the aforesaid date as the petitioner and his counsel were not present, so the case was adjourned for today and the State was directed to intimate in respect of availability of Ms. Sushma Dwivedi to the petitioner. Today the petitioner has caused appearance. 3. We have heard petitioner and his counsel, respondents, Ms. Shushma Dwivedi and her counsel. We have also enquired from Ms. Sushma Dwivedi, who stated that she is major and earlier she was residing with petitioner, but because of certain disputes, she left the house of the petitioner and is residing at Chatrapati Nagar, Rewa. It is also stated by her that she is or was not in wrongful confinement of respondent No.5. She of her own will left the house because of family circumstances. She is at present prosecuting her studies and after her studies petitioner may arrange her marriage. 4. Petitioner Yagya Narayan Dwivedi, stated before this Court that the aforesaid facts are not correct and in fact on 23.1.2011 Ms. Sushma Dwivedi was abducted at the instance of respondent No.5 by certain persons, who were armed and in this regard a report Annexure P-1 has been lodged at the Police Station. 5. On enquiry it is stated by Shri R.P. Tiwari that an offence on the report Annexure P-l has been registered under section 363 & 366 of IPC. 6. At present we are considering the case of writ of Habeas Corpus and are not concerned with the aforesaid dispute. 5. On enquiry it is stated by Shri R.P. Tiwari that an offence on the report Annexure P-l has been registered under section 363 & 366 of IPC. 6. At present we are considering the case of writ of Habeas Corpus and are not concerned with the aforesaid dispute. From the perusal of case diary, we find that the police has seized a marksheet of Ms. Sushma Sharma, daughter of Satya Narayan Shanna, who is stated to be same girl described as Ms. Sushma Dwivedi in this petition, in which her date of birth is appearing as 31.12.1990. Apart from this, a photo copy of PAN card issued by the Income Tax Department is also produced by Ms. Sushma Sharma, which reflects her date of birth as 31.12.1990. 7. About her date of birth, there is no dispute between the parties. As per the statement of Ms. Sushma Dwivedi, she is not in wrongful confinement and is residing on her own will at Chatrapati Nagar. Rewa, so we do not find any reason to continue with the proceedings. The proceedings are closed, with no order as to costs. Ms. Sushma Dwivedi is set tree to live as per her own wishes. However, it is made clear that this order will not come in the way of police to investigate the case, which has been registered by the police on the report Annexure P-1, registered as crime No. 84/2001.