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The Lucknow bench of Allahabad High Court on Thursday came to the rescue of a young couple,ordering that the jailed husband be freed and issuing a show-cause notice to a judicial magistrate for recording an incorrect statement of the wife.
A division bench of Justice Uma Nath Singh and Justice Dr Satish Chandra passed the order on a habeas corpus petition filed by the girl,who accused police of framing her husband in a false case and her father for illegally detaining and torturing her.
The girl had married Kaushal against the wishes of her father,who then filed an abduction case against him.
Taking cognisance of the girls petition,the court ordered Lakhimpur police on March 29 to produce the petitioner and Kaushal,who was in jail.
The couple told the court that they got married at an Arya Samaj temple on February 7 and got the marriage registered on February 11.
Kaushal said he and his wife were picked up by the police at the behest of her father and were detained at the police station. He was produced before the magistrate and sent to judicial custody. His wife was produced before the judicial magistrate,where her statement was recorded under Section 164 CrPC.
The bench issued a show-cause notice to the judicial magistrate for recording a statement that was contrary to the one given by her before the court.
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