JUDGEMENT
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(1.)Heard Sri Devendra Saini, learned counsel for the petitioner, learned A.G.A.for the State of U.P., Sri Manish Kumar Pandey, Sri V.K.Upadhyay, learned counsel for the respondent No.4, Sri Shivaji Singh Shisodiya, learned counsel appearing on behalf of Pt.Vigyan Prakash Sharma.
(2.)This habeas corpus writ petition has been filed on behalf of Smt. Himani through Devendra alias Banti claiming himself to be husband of the corpus with a prayer that the corpus may be set at liberty from Nari Niketan, Moradabad.
(3.)The facts, in brief , of this case are that FIR in case crime No.111 of 2012 under sections 363, 366 I.P.C., Police Station Nangal, district Bijnor has been registered on 2.7.2012 in respect of the incident allegedly occurred on 20.6.2012 at about 11.00 A.M., the FIR has been lodged by respondent no.4 Komal Singh, father of the corpus, against Devendra alias Banti alleging therein that the corpus was enticed and taken away by Devendra alias Banti on 20.6.2012, the amount of Rs. 50,000/= in cash, a gold chain, ring and gold bangles were also missing from the house of respondent no.4. During course of investigation, the corpus was recovered, she was medically examined and her statement under section 164 Cr.P.C.was recorded and an application was moved by Investigating Officer with regard to the custody of the corpus, an application was also moved by respondent no.4 Komal Singh with a prayer that custody of corpus may be given to him, after considering the same, learned Civil Judge ( Junior Division) Najibabad passed the order dated 24.7.2012, the corpus was sent to Nari Niketan Moradabad. Being aggrieved from the order dated 24.7.2012, this petition has been filed.
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