Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 619 of 2019 Petitioner :- Smt. Kajal (Detune) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Pathak Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner and learned AGA for respondents 1, 2 and 3.
By order dated 8th August, 2019, we had called for service report from the Chief Judicial Magistrate, Moradabad as regards service of notice of this petition upon the respondent no.4.
The office has submitted report that the notice of the petition has been duly served upon the respondent no.4. However, no one has appeared for respondent no.4.
In this habeas corpus petition Deepak Kumar, the alleged husband of the corpus (Kajal), has prayed for production of the corpus Kajal, currently in detention at Government Protection Home (Women), Moradabad and has prayed for her release.
A perusal of the record would reveal that respondent no.4 (Vinod Kumar) had lodged first information report on 6th February, 2019 at police station Mainather, district Moradabad against un-known person by alleging that his minor daughter (Kajal), aged about 16 years, has left the house in the night and that he suspects that she has been enticed away by some one. This first information report was registered as Case Crime No.25 of 2019, under Section 363 IPC. The victim (corpus) was recovered. In her statement recorded under Section 164 CrPC she disclosed her liking for Deepak Kumar and stated that she had studied up to class-IX. She stated that her father drives Auto at Chandigarh and her mother works in a house. She stated there that her father used to ill treat her under influence of liquor therefore she, on her own, left the house. In her statement recorded under Section 161 CrPC she made a statement that she had studied in the village in a school named L.B.S. Public School, Moradabad.
It appears that by placing reliance on Transfer Certificate dated 12th October, 2018, wherein the date of birth of the corpus was mentioned as 10th August, 2002, the Child Welfare Committee directed that the corpus shall be placed in Government Protection Home.
In this habeas corpus petition, the petitioner has placed reliance on Adhar card of the corpus which discloses her date of birth as 10th August, 2000 in place of 10th August, 2002 as recorded in Transfer Certificate. Interestingly, Adhar card number is entered in the Transfer Certificate which discloses the date of birth of the corpus as 10th August, 2002.
Considering that the Adhar card disclosed her date of birth as 10th August, 2000 and the Adhar card number was entered in the school Transfer Certificate and that on medical examination the Chief Medical Officer, Moradabad found her aged about 19 years, the Court directed for medical examination of the corpus by order dated 16th July, 2019.
Pursuant thereto, the Chief Medical Officer, Allahabad submitted report dated 17th July, 2019 stating therein that the corpus is above 18 years and below 20 years in age.
On 8th August, 2019, we had required the learned AGA to seek instruction as regards the correctness of the details of Adhar card as also whether the corpus had studied in L.V.S./ L.B.S. Public School, Hussainpur, Moradabad.
Pursuant to the order dated 8th August, 2019, learned AGA has informed the Court that from the enquiry conducted by the Investigating Officer and the certificate produced by the Pradhan of the village concerned it appears that there is no school by the name of L.B.S. Public School. However, no verification report of her Adhar card has been provided.
As we find that Adhar card number was entered in the Transfer Certificate and the Adhar card reveals her date of birth as 10th August, 2000 and despite notice the respondent no.4 has not appeared to dispute the claim made on behalf of the corpus that she is an adult, keeping in mind that the School Leaving Certificate is not from the school first attended and that the medical examination report given by the Chief Medical Officer, Moradabad as well as Chief Medical Officer, Prayagraj indicate that the victim is above 18 years in age, we are satisfied that the victim (corpus) has attained the age of majority by now.
In view of the above as also that the corpus is not an accused and is not wanted in any other case, we deem it appropriate to allow this habeas corpus petition and direct that the corpus shall be released forthwith.
The habeas corpus petition stands allowed. The corpus shall be released forthwith.
Order Date :- 26.8.2019. Rks.