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Allahabad HC directs Lucknow Police chief, DGP to recover minor girl from illegal detention in habeas corpus plea

The Petition is filed for issuance of writ in the nature of habeas corpus for production of the detenue, Minor, a girl child whose date of birth is March 24, 2006 and is kidnapped by the opposite party no 4 ('Waris') and opposite party no 5 ('Fareed').

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The Allahabad High Court has directed the Commissioner of Police, Lucknow Commissionerate and the Director General of Police, Uttar Pradesh, to take suitable and appropriate steps for recovery of a 15-year-old girl from the illegal detention and to produce her before the Court.

A single-judge bench of Justice Vikas Kunvar Srivastav passed this order while hearing a Habeas Corpus petition filed by a minor girl through her mother.

The petition is filed for issuance of writ in the nature of habeas corpus for production of the detenue, a minor, a girl child whose date of birth is March 24, 2006 and is kidnapped by the opposite party no 4 (Waris) and opposite party no 5 (Fareed).

In pursuance of the order of the court dated November 27, 2021, Arjun Singh, Sub-Inspector, Police Station Para, Lucknow was to produce the detenue in person before the court but it is informed by the Investigating Officer in court that in case under Sections 363, 366 IPC, the efforts are on for the recovery of the girl and the arrest of opposite party no.4 but they are not traceable despite all efforts.

It seems the tracing of the aforesaid opposite party no.4 Waris with the girl child of 15 years is beyond the capacity of the Sub-Inspector or he is not interested in complying with the order, the court said.

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“The Commissioner of Police, Lucknow Commissionerate and the Director General of Police, Uttar Pradesh, are required to take suitable and appropriate steps for recovery of the detenue from the illegal detention of Waris and to produce her before the Court on December 23, 2021, keeping in mind the detenue is a minor girl of 15 years of age”

-the court ordered.

“The Commissioner of Police, Lucknow Commissionerate is further directed to submit a personal affidavit with regard to the action taken ensuring the recovery of minor girl from the Waris in case the girl is not recovered and produced before the court on the next date. The report of Police Station, Para be placed on record,”

-the order reads. The Court has fixed the next hearing of the petition on December 23, 2021.

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