Court No. - 43
Case :- HABEAS CORPUS WRIT PETITION No. - 1009 of 2019 Petitioner :- Smt. Radha And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Indra Raj Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Pursuant to previous order dated 7.11.2019, the corpus is present in the Court.
Learned counsel for the petitioners does not dispute that on the basis of High School certificate, her date of birth is 1.7.2002.
If that be so, the corpus is aged about 17 years 5 months, i.e., a juvenile, as such her detention at Rajkiya Balgrih (Balika) Swaroop Nagar, Kanpur Nagar cannot be illegal, till such time she does not attain the age of majority.
The corpus, on specific query made by the Court as to whether she is ready and willing to go with her parents, replied in negative.
The petition is dismissed as not maintainable but with an observation that the corpus would be set free, when she attains majority.
Order Date :- 27.11.2019 Anuj Singh