Heard learned counsel for the petitioner.
This writ petition has been filed for issuing a writ, order or direction in the nature of habeas corpus for producing the corpus before the Court, who is said to be in illegal detention of respondent no. 1.
Proof regarding the age has not been submitted by the petitioner. It is submitted by the learned counsel for the petitioner that the Sessions Court has granted bail to Jitendra on the ground that in the statement under Section 161 Cr.P.C she has stated her age to be 19 years, wherein statement of 164 Cr.P.C she has narrated her age as 18 years. Copy of the above statement recorded under Section 164 Cr.P.C has been annexed as Annexure No. 4 to the writ petition. It is also submitted by learned counsel that the petitioner is an illiterate lady. It is also submitted by learned counsel that for the age determination, the C.J.M. concerned may be directed to get the age confirmed through medical examination.
The age based on the bail orders of the Sessions Court cannot be accepted. No other proof regarding the age has been filed by the petitioner. Statement of the corpus has already been taken by the Magistrate concerned and in her statement she has deposed that out of her own free will she has gone with Jitendra and she wants to marry with Jitendra.
In the circumstance, the Chief Judicial Magistrate, Ghaziabad, is directed to summon the Investigation Officer of the case and direct him to produce the corpus before the C.J.M. Court, after that the C.J.M. Ghaziabad, will get the age of the corpus determined after getting the medical report in this regard from the Chief Medical Officer concerned.
The compliance report will be sent within fifteen days from today.
List on 05th August, 2016, as fresh.
Order Date :- 18.07.2016.
Vinod.