Smt. Anshika Devi Alias Rakhi Devi and Another Vs State of U.P. and 3 Others

Court No. - 29

Case :- HABEAS CORPUS WRIT PETITION No. - 1212 of 2019

Petitioner :- Smt. Anshika Devi Alias Rakhi Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar,Urmila Shukla Counsel for Respondent :- G.A.

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Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard Sri Akhilesh Kumar, learned counsel for the petitioners and learned A.G.A. for the respondents No. 1, 2 and 3.

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This Habeas Corpus Writ Petition has been preferred by the corpus herself jointly with her alleged husband Vimal Kumar.

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It appears from the facts as stated in the petition itself that the father of the petitioner No.1 Radhe Shyam (respondent No.4) lodged an F.I.R. on 27.05.2019 in respect whereof Case Crime No. 82 of 2019 under Sections 364 and 458 I.P.C. and Section 7/8 of POCSO Act, Police Station Jafarganj, District Fatehpur has been registered.

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The submission of learned counsel for the petitioners is that the petitioner No.1 is a major but prima-facie from the high school certificate annexed with the petition itself, we find that her date of birth is 25.06.2003 and as such she is a minor.

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The reliance upon the decision of Supreme Court in the case of Suhani is of no help at this stage inasmuch as the issue of the age of the petitioner No.1 or the corpus is the subject matter of adjudication in the trial.

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In view of the above, there is no presumption to the validity of the marriage of the petitioners.

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The issue as to whether the petitioner No.1 is a minor, if at all, shall be considered and adjudicated upon in the trial itself.

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Accordingly, we find no merit in this petition so as to warrant interference.

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It is, accordingly, dismissed .

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The Corpus is present in the Court today on the directions of the Court is directed to be sent to Nari Niketan, Allahabad from where she has been brought.

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Order Date :- 20.1.2020 Nirmal_Sinha

Smt. Anshika Devi Alias Rakhi Devi and Another v. State of U.P. and 3 Others

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Smt. Anshika Devi Alias Rakhi Devi and Another v. State of U.P. and 3 Others

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