Court No. - 43
Case :- HABEAS CORPUS WRIT PETITION No. - 833 of 2019 Petitioner :- Smt. Kajal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohammad Sadab Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Pursuant to the order dated 24.10.2019 the corpus is present in police custody.
We enquired from the corpus as to with whom she would like to go. She replied in favour of petitioner no.2, husband. But unfortunately her date of birth reflected in the High School Certificate is 6.7.2002. Thus, currently she is aged about 17 years and five months approximately i.e. a juvenile. Thus her detention cannot be said to be illegal.
This Habeas Corpus petition is dismissed as not maintainable, leaving it open for the petitioners, if so advised, to file an appeal against the order dated 1.5.2019 under section 101 of the Juvenile Justice Act, 2015.
We further provide that in the event appeal is filed within four weeks, same shall be entertained without raising any plea of limitation. We further clarify that above observations shall not prejudice the appellate court while deciding the case on merits.
The corpus be sent back to Nariniketan.
Order Date :- 28.11.2019 Rk