Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 184 of 2019 Petitioner :- Sadhana Patel And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Baijant Kumar Mishra Counsel for Respondent :- G.A.,Raghavendra Sharan Tiwari
Hon'ble Manoj Misra,J. Hon'ble Mrs. Manju Rani Chauhan,J.
This habeas corpus petition has been filed by Ashik Shah for production of corpus-Sadhana Patel who is currently kept in a Protection home pursuant to the order dated 7th February, 2019, passed by Child Welfare Committee, Kushinagar.
The case taken in the petition is that corpus Sadhana Patel is an adult and she has married the petitioner no.2 Ashik Shah. It is stated that she wants to reside with the petitioner no.2 but without any justifiable cause she has been sent to protection home.
It appears from the record that Smt. Rajendri Devi, the grand-mother of Sadhana Patel (corpus), had lodged a first information report on 17th November, 2018 at police station Hata, district Kushinagar, which was registered against Ashik Shah (petitioner no.2) and his family members as well as others as Case Crime No.0514 of 2018 for offences punishable under sections 363, 366, 323, 504 and 506 IPC. It appears from the allegations made therein that the corpus (Sadhana Patel), aged about 15 years, was enticed away by the accused.
In connection with that case, statement of the corpus (Sadhana Patel) was recorded under Section 164 CrPC after obtaining her medical examination report.
As per the medical examination report prepared by the Chief Medical Officer, Kushinagar dated 14th December, 2018, the corpus was aged about 16 years. In her statement recorded under Section 164 CrPC she stated that she has married Ashik Shah and had approached the High Court for protection. She has stated that no force has been used upon her.
It appears that Child Welfare Committee, Kushinagar on the basis of age determination certificate issued by the Chief Medical Officer, Kushinagar directed her to be placed in a protection home.
In this habeas corpus petition reliance has been placed upon Adhar Card of the corpus which depicts her date of birth as 1st April, 2000. A photocopy of the scholar register and transfer certificate has also been filed which discloses her date of birth as 1st April, 2000.
On 15th July, 2019, the court had directed the corpus to be produced before the Court.
Pursuant to the order dated 15th July, 2019, the corpus was produced before the Court on 26th August, 2019. During the course of hearing on 26th August, 2019, a statement was made by the learned AGA that the date of birth of the corpus was found recorded as 1st May, 2006.
As, from her physical appearance, the corpus appeared to have been near the age of majority, the recorded date of birth 1st May, 2006 was doubted and a direction was issued for production of the corpus before the Chief Medical Officer, Prayagraj for determination of her age.
Pursuant to the order dated 26th August, 2019, the Chief Medical Officer, Prayagraj has submitted a report dated 29th August, 2019 that though the corpus stated that she is aged about 19 years but, according to the radiological report and from physical examination, she appears to be between 16-18 years in age.
We find that the corpus is carrying a child and looks sufficiently mature. We, therefore enquired from the corpus (Sadhana Patel) as to whether there is any threat to her life or liberty from anyone.
The corpus stated before us that she has threat from none and that she has given birth to a child on 1st August, 2019. She has stated that she would take care of herself and she fears none. She has expressed her desire to be let free.
Considering the facts and circumstances of the case as also that the corpus was found aged 16 years in the year 2018 and between 16-18 years old now, looking at her mental and physical maturity as also the interest of the child, keeping in mind that there is no reliable date of birth certificate available on record, we deem it appropriate to allow this habeas corpus petition and direct that the corpus shall be set free forthwith.
The habeas corpus petition is accordingly allowed. The corpus (Sadhana Patel) is set free and she is free to go wherever she wants.
Order Date :- 30.8.2019. Rks.