Smt. Kamaksha (Corpus) and Another Vs State of U.P. and 4 Others

Court No. - 43

Case :- HABEAS CORPUS WRIT PETITION No. - 1144 of 2019

Petitioner :- Smt. Kamaksha (Corpus) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mirza Faheem Beg Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.

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Instructions filed by Sri Deepak Mishra, the learned A.G.A. is taken on record.

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Heard Sri Mirza Faheem Beg, learned counsel for the petitioners and Sri Deepak Mishra, the learned A.G.A.

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This writ petition has been filed to issue a writ, order in the nature of habeas corpus commanding the respondents to produce/ensure the presence of the corpus of the petitioner No. 1 under the order dated 26.04.2019 passed by the Special Judge, POCSO, Act/Additional Sessions Judge, Court No. 8, Kanpur Nagar.

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The corpus is present in person in police custody.

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Sri Deepak Mishra, the learned A.G.A on instructions does not dispute that age of the corpus (petitioner No. 1) as per High School Certificate, 2016 (Annexure -3) is 03.08.2001. Once date of birth is not disputed, which is also evident from the order dated 26.04.2019 whereby the corpus was sent to Nari Niketan her further detention cannot be justified. Admittedly, as of date the corpus has attained the age of majority. Therefore, we do not find any justification to wait for the outcome of service of notice on respondent No. 5.

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The habeas corpus petition is allowed.

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The corpus (petitioner No. 1) shall be set-forth free forthwith.

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Order Date :- 6.1.2020 AS Rathor

Smt. Kamaksha (Corpus) and Another v. State of U.P. and 4 Others

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Smt. Kamaksha (Corpus) and Another v. State of U.P. and 4 Others

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