Allahabad High Court
Smt Roli Devi And Another vs State Of Up And 4 Others on 19 November, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:181101 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 802 of 2024 Petitioner :- Smt Roli Devi And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Shri Jitendra Singh, learned counsel for the petitioners, Shri Nikhilesh Kumar Chaudhary, learned counsel for respondent no.5 and the learned AGA.
2. The instant Habeas Corpus petition has been filed with the following prayer:
a) Issue a writ, order or direction in the nature of Habeas corpus directing the respondent no.5 to produce the corpus namely Smt. Roli Devi wife of Gautam before this Hon'ble court on specific date as fixed by this Hon'ble Court, who is illegally detained before respondent no.5.
b) Issue a writ, order or direction in the nature of mandamus directing the concerned respondents to give the custody of corpus (petitioner no.1) namely Smt. Roli Devi to the petitioner No.2 being husband of the petitioner no.1.
3. As per documentary evidence produced by learned AGA, received through Investigating Officer in shape of case diary in Case Crime No.288 of 2024 wherein the first date of admission of the corpus is mentioned in the migration certificate i.e, mentioned as 4.2.2008 and as per the first date of admission corpus is minor till today.
4. As per the parameters framed by Hon'ble Apex Court in case of P. Yuvaprakash vs. State Rep. by Inspector of Police {2023 (4) JIC 96 (SC} the determination of age cannot be disputed if the educational certificate in shape of transfer certificate/migration certificate is having date of first admission alongwith the date of birth mentioned therein, in the instant matter, it is crystal clearly mentioned in the migration certificate issued by Principal, Prathamik Vidyalaya, Daulatpur, Block Harpuri District Hardoi, wherein as per the date of birth the corpus is minor and as such the allegation whatsoever has been put forward through instant petition regarding illegal detention of corpus carried out by her parents is not sustainable in the eye of law.
5. Petition stands dismissed accordingly.
6. Police authority concerned is hereby also directed to hand over the custody of the corpus to her parents.
Order Date :- 19.11.2024 Rakesh