Allahabad High Court
Smt. Ashbin (Corpus) And Another vs State Of U.P. And 2 Others on 15 October, 2019
Bench: Manoj Misra, Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- HABEAS CORPUS WRIT PETITION No. - 482 of 2019 Petitioner :- Smt. Ashbin (Corpus) And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Khurshed Alam Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Pankaj Bhatia,J.
Heard Sri Khurshed Alam, learned counsel for the petitioners, learned A.G.A. for the respondents 1 & 2 and perused the record.
This habeas corpus petition has been filed by Aakash for production of the corpus Smt. Ashbin by claiming that the corpus is an adult aged about 22 years and she has lawfully married the petitioner no.2 (Aakash).
From the record it appears that the corpus was placed in a protection home pursuant to the order 15.12.2018 passed by Child Welfare Committee, Mainpuri. The said order is at page page 23 of the Paper Book.
A perusal of the order dated 15.12.2018 would reveal that a Case Crime No.419 of 2018 was registered at Police Station Allau District Mainpuri under Sections 363, 366 IPC and Section 7/18 POCSO Act. As the date of birth of the corpus, as per her matriculation certificate was found to be 4.10.2001, and on the date of passing of the order, the corpus was below 18 years, she was sent to a protection home.
As by now, the corpus had attained the age of majority, we have required the production of the corpus.
The corpus has been produced in Court by the Superintendent of Nari Niketan, Khuldabad, Prayagraj where she has been placed pursuant to the order dated 11.6.2019.
The corpus has stated before us that she is now an adult as her date of birth recorded in her matriculation certificate is 4.10.2001 and that she does not want to reside in a protection home and that she desires to go with the petitioner no.2 (Aakash).
As the corpus has already attained the age of majority, she is free to go wherever she wants to go. Moreover, nothing has been shown to us that the corpus is wanted in any other case.
In view of the above, this habeas corpus petition is allowed. The corpus shall be set at liberty forthwith. She is free to go wherever she wants to go.
Order Date :- 15.10.2019 Hasnain