Anita Yadav Vs. Manas Roy & Ors. [2009] INSC 1030 (12 May 2009)

Judgment

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 16th 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 -2- 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.

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