JUDGMENT R.C. Deepak, J.
1. Heard Sri Shashank Shekher Giri and Sri R.P.S. Chauhan, learned counsel for the petitioner, Sri A.B.L. Gaur, learned senior counsel assisted by Sri Saurabh Gaur, learned counsel appearing on behalf of the respondent No. 5, learned A.G.A. for the State and perused the record.
2. Supplementary and counter affidavits have also been filed.
3. The present writ petition relates to the custody of the petitioner Km. Kanchan, who claims herself to be major aged about 25 years and a teacher in Janta Junior High School, Madhukar, District Rampur and in this regard she has filed a copy of the attendance register of the staff of the institution and her name finds place at serial no. 4, a copy of which is appended as annexure-16 to the writ petition. Her date of birth has been shown as 2nd July, 1989 in the Highschool certificate, a copy of which is also appended as annexure-12 to the writ petition. She was medically examined by the Doctor of District Women Hospital, Rampur on 14.11.2005 and the Doctor has ascertained her age above 18 years, a copy of medical examination report is also appended as annexure-6 to the writ petition. A case as case crime No. 426 of 2005 under Section 347, 504, 506 IPC was registered against Shivram alias Lalla Babu son of Surendra Kumar and three others regarding the illegal detention of the petitioner i.e. Km. Kanchan. The accused concerned filed a criminal writ petition No. 9181 of 2005 before this Court wherein the petitioner had put in appearance and she disclosed her age as 25 years. The Court was pleased to stay the arrest of the accused, but permitted the investigation. The same is continuing. A notary affidavit was sent by the petitioner from the Nari Niketan making serious allegations of torture and harassment against the Superintendent of Nari Niketan and her father, on receipt of which she was directed to be produced before the Court and she has accordingly been produced before this Court and made the statement. The same has been taken on record. A perusal of the statement would indicate that she is aged about 25 and unmarried and she is a teacher in Janta Junior High School, Madhukar, District Rampur. Her father has mentioned her lessor age in the school certificate. She disagrees to accompany her father as he made an attempt to commit rape and develop immoral/illicit relations with the petitioner. She expressed her desire to live with her aunt named Ram Beti widow of Suresh Kumar, the real brother of her father. She was also expected to come to this Court, but on account of her ailment, she could not appear. She has further stated that she is being tortured by the Superintendent of Nari Niketan named Indira in collusion with her father Ravindra Singh and they want to declare her mad. She has already sent an affidavit from the Nari Niketan alleging the serious allegation of torture and if she was not released forthwith, she was bound to commit suicide.
4. I have given my thoughtful consideration to the facts and circumstances of the case. The medical evidence indicates that she is more than 18 years of age and she has made allegations against her father with regard to outrage of her modesty and of her elimination. Therefore, the orders dated 14.11.2005 and 22.11.2005 passed by the courts below are necessarily required to be quashed and these are accordingly quashed. In the interest of justice and equity both, the petitioner Km. Kanchan shall be sent back to Nari Niketan from where she shall be set at liberty forthwith and she shall be at liberty to accompany her Tai Ram Beti. Her father Ravindra Singh shall in no way coerce the petitioner.
5. On receipt of notary affidavit alleging therein the serious allegations against the the Superintendent of Nari Niketan in collusion with the father of the petitioner, the District Magistrate was directed to enquire into the matter and submit his report, but no report has been filed so far. Since the petitioner has appeared before the Court and her statement has been recorded, the enquiry or the report of the District Magistrate is not warranted, but there is allegation in the notary affidavit as well as in the statement of the petitioner against Smt. Indira, the Superintendent of Nari Niketan. She was directed to explain the allegations, but she did not do so. On the request made by the learned A.G.A., 10 days' time is granted for the purpose.
6. The Superintendent of Police, Rampur shall ensure the protection of the petitioner in all respect.
7. The case be put up on 16th January, 2006 for the same.
8. Let a copy of this order be furnished to the learned A.G.A. free of cost today for intimating the authorities concerned and to learned counsel for the petitioner on payment of usual charges.