Madhya Pradesh High Court
Kallu Khan vs State Of Madhya Pradesh on 29 January, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 WP-1714-2020
THE HIGH COURT OF MADHYA PRADESH
WP-1714-2020
(Kallu Khan Vs. State of M.P. and others)
Gwalior, Dated: 29/01/2020
Shri Rajeev Shrivastava, counsel for the petitioner.
Shri R.K. Upadhyay, Government Advocate for the respondents
No. 1 to 4/State.
Missing Corpus Tamanna is produced by constable Amrita posted in Police Station Dehat Bhind District Bhind along with T.I. Dehat Bhind.
By document No. 1246/2020 the petitioner has filed a copy of the marksheet purportedly issued by Government Shashtri Primary School, Mau District Bhind. According to which, date of birth of the corpus is 02.05.2003.
In order to decide the controversy, the said document is taken on record.
This petition under Article 226 of the Constitution of India has been filed in the nature of habeas corpus by the brother of the corpus alleging that the corpus is a minor girl aged about 16 years and she was kidnapped by respondents No. 5, 6, 7 and 8 and, accordingly, the habeas corpus petition, which was registered as W.P. No. 24982/2019 was filed, in which the corpus was produced by the police and she had expressed her willingness to stay with her parents and, accordingly, the statement of the corpus was recorded by the Principal 2 WP-1714-2020 Registrar of this Court and the police has registered the offence against the accused persons in Crime No. 381/2019 for offence under Section 376 of IPC and 3/4 of Protection of Children from Sexual Offences Act and S.T. No. 4/2019 is pending against the accused persons.
It is alleged that thereafter on 01.12.2019, again the respondent No. 5 has kidnapped the corpus. Complaint was lodged. However, the parents has refused to take any action on the said complaint. Complaints were made to the higher police authorities on 09.12.2019 by sending through registered post, but still minor sister/corpus of the petitioner has not been produced and she is still missing.
Today the police has produced the corpus, who has made a statement that she has married the respondent No. 5 and she wants to reside with her husband and she is major. When she was directed to write down her statement, then she expressed that she cannot write and, accordingly, with the permission of the Court, T.I. Dehat Bhind District Bhind has written the statement of the corpus, which has been signed by her as well as by constable Amrita, who has brought the corpus with her.
It is submitted by the counsel for the petitioner that in fact, the date of birth of the corpus is 02.05.2003 and, therefore, she is minor. It is further submitted that she has studied in Government Shastri Primary School, Mau District Bhind, whereas according to the corpus she has never studied in the said school, but she has studied in the 3 WP-1714-2020 Madarsa and her parents have falsely created the marksheet of Government Shastri Primary School, Mau District Bhind.
Be that as it may.
As per the police case diary, father of the corpus namely Asin Khan has lodged the FIR on 11.06.2019, which was registered as Crime No. 381/2019 and the following report was lodged:-
^^Qfj;knh vklhu [kka iq= cVwjh [kka] mez&60 lky] fuoklh & }kfjdkiqjh Fkkuk] ekS ftyk fHk.M us vius lkys bZ'kkd [kku ds gejkg Fkkuk mifLFkr vkdj tckuh fjikVZ fd;k fd esjh yM+dh reUuk [kku mez 17 lky 11 ekg dh vius ekek ds ?kj bZ'kkd [kku fuoklh egkohj uxj chVhvkbZ fHk.M ls dy fnukad 10-06-2019 12 cts dgha pyh xbZ gS tks okil ugha vk;h dksbZ vKkr O;fDr esjh csVh dks cgyk&Qqlyk dj Hkxk ys x;k gS vHkh rd eSa vkl&ikl ,oa fj'rsnkfj;ksa esa Qksu djds ryk'k djrk jgk] vc fjiksVZ dks Fkkuk vk;k gwa lks fjiksVZ djrk gwa dk;Zokgh dh tk,A^^ It is important to mention here that the FIR was lodged by Asin Khan, father of the corpus, whereas the present petition has been filed by Kallu Khan, brother of the corpus. It appears that since Asin Khan in his FIR registered as Crime No. 381/2019 lodged at Police Station Bhind Dehat District Bhind had already disclosed that the age of the corpus on 11.06.2019 is 17 years 11 months, therefore, in order to overcome the said difficulty, the petition in the nature of habeas corpus has been filed by the brother of the corpus. However, at this stage, this Court is refraining itself from giving any finding on the said issue.
Accordingly, the T.I. Police Station Dehat Bhind District Bhind
4 WP-1714-2020 is directed to conduct a detailed investigation with regard to the date of birth of the corpus. If it is found that the correct date of birth of the corpus is 06.07.2001 and not 02.05.2003, then the police shall be well within its right for lodging the FIR against the petitioner for filing of forged document before this Court. Apart from that, the T.I. Dehat Bhind, District Bhind is also directed to submit its report to the Principal Registrar of this Court within a period of three months from today.
However, it is the case of the police that the correct date of birth of the corpus is 06.07.2001, which is recorded in the school leaving certificate as well as marksheet of Class VII of the year 2016 issued by Head Master, Islamiya Primary School, Tahsil Mau District Bhind. Further, in view of the FIR lodged by Asin Khan in Crime No. 381/2019 at Police Station Bhind Dehat District Bhind, it is clear that on 11.06.2019, the age of the corpus according to her own father was 17 years 11 months. As per the petitioner, the corpus was kidnapped by respondents No. 5 to 8 on 01.12.2019. If the date of birth of the corpus is considered as 06.07.2001, then it is clear that on 01.12.2019 she was major.
Since prima facie it appears that today the corpus is major and as she has given the verbal statement as well as written statement that she wants to reside with respondent No. 5, nothing survives in the writ petition.
Accordingly, the corpus is permitted to reside at the place of 5 WP-1714-2020 her own choice. The police officers are directed to leave the corpus at the place of her choice.
With the aforesaid observations, the petition fails and is hereby dismissed.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2020.01.29 12:28:06 +05'30'