IN THE SUPREME COURT OF INDIA     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)

O R D E R  

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  

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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.