Court No. - 32
Case :- HABEAS CORPUS WRIT PETITION No. - 3813 of 2018 Petitioner :- Smt. Angira Sahni Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Shoeb Khan Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This writ petition has been filed for quashing the impugned order dated 19.7.2018 passed by the Civil Judge (Senior Division), Kushinagar in Case Crime No. 260 of 2018 (State Vs. Raja Ram Chauhan), under Sections 363 & 366 IPC, Police Station Kaptanganj, District Kushinagar. Further prayer has been made for issuing a writ, order or direction in the nature of habeas corpus commanding the Respondents No. 2 and 4 to produce the Petitioner Smt. Angira Sahni (detenue) before this Court and thereafter set her at liberty and further restraining the respondents from interfering in the peaceful matrimonial life of the petitioner.
The FIR was lodged by the Petitioner No. 4, Smt. Ramani Devi against one Raja Ram Chauhan, under Sections 363 & 366 for kidnapping his minor daughter Smt. Angira Sahni. Later on, the petitioner was recovered by the police and was produced before the concerned court below for her custody where she claimed herself to be major and above 20 years of age. She further apprehended danger to her life from her parents. In her statement recorded under Section 164 CrPC, she stated that she is major aged about 20 years and nothing has been done against her will. In fact, she has not made any allegation against the Raja Ram Chauhan. The educational certificate i.e. Progress Report of Class 6 of the detenue issued from Saraswati Shishu Mandir Kanya Intermediate College was also proved and filed in the court below by the principal of the said college, according to which, the date of birth of the petitioner (detenue) is 25.11.2001.
Learned counsel for the petitioner stated that according to the statement of the petitioner, she was major above 20 years and in the medical report she was found to be about 17 years of age. However, he could able to challenge the genuineness of the school certificate, according to which, her age was found to be below 18 years.
In reply, learned AGA stated that the consent of a minor is no consent and the court below has rightly sent the petitioner (detenue) to Nari Niketan since she has refused to go along with her parents.
The court below after going through the entire record has recorded a finding in its order dated 19.7.2018 that as per the educational certificate of Smt. Angira Sahni (detenue), her date of birth is 25.11.2001, as such, she is still a minor. The court below has further observed that the petitioner (detenue) who was produced before the court below has categorically refused to accompany her parents, as such, the court below in the circumstances had no other option but to send her to Nari Niketan.
In view of the above, we do not see any illegality or infirmity in the impugned order sending the petitioner Smt. Ramani Devi (detenue) to Nari Niketan. We do not see any justification either to quash the impugned order passed by the court below or to interfere with the same.
The writ petition, accordingly, stands dismissed.
Order Date :- 30.10.2018 vinay