Allowed¶36

Km. Soni and Another v. State of U.P. and 3 Others

Allahabad HC8 Sept 2020HABC/336/2020

Case brief

AI extract

What is this about?

Habeas corpus writ petition; production of detenue before Court; unlawful confinement; illegal custody; age determination of detenue; ossification test; medico-legal certificate of Chief Medical Officer, Gautam Budh Nagar dated 04.06.2020; school progress report date of birth doubted; rule nisi discharged; detenue escorted to husband Raja; State of U.P.; Noida; J.J. Munir; 2020.

What did the court decide?

Rule nisi discharged; the detenue-petitioner, produced by the police from her husband's home, is to be escorted back in safety to her husband, Raja, respondent no. 4. ¶36

Km. Soni and Another Vs State of U.P. and 3 Others — Allahabad HC (2020) — LawSathi Research

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Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 336 of 2020

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Petitioner :- Km. Soni And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Gupta Counsel for Respondent :- G.A.

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Hon'ble J.J. Munir,J.

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On issue of rule nisi , this matter has come up today for production of the detenue-petitioner. The detenue-petitioner, Km. Soni, daughter of Jagdish, has been produced by Lady Constable Vineeta Nagar (LIC 1326), posted at Police Station - Sector 49, Noida, District - Gautam Budh Nagar, who has identified the detenue-petitioner, Km. Soni, before this Court.

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This Court, accordingly, proceeds to ascertain the stand of Km. Soni, which is recorded verbatim :-

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Q. Aapka naam kya hai?

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A. Soniya, waise ghar pe Soni bulate hain.

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Q. Aapke pitaji ka naam kya hai?

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A. Jagdish.

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Q. Aapki aayu kitni hai?

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A. 22 saal.

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Q. Aap ye Shri Sai Public School mein padhi hain?

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A. Haa.

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Q. Aap kis class se kis class tak padhi hain?

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A. 3-4 tak.

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Q. Aage padhi hain?

¶18

A. Nahi.

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This Court has perused the progress report card from Shri Sai Public School, Village - Sarphabad, Sector 73, Gautam Budh Nagar, Noida, which shows the detenue's date of birth to be 15.07.2004. The column relating to admission number is blank. The column relating to

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specimen signature is also blank. The detenue, on being confronted with the said report card and the date of birth mentioned there, says that it was incorrectly recorded. This Court also notices that the father's name has been overwritten. The progress report card from Shri Sai Public School, does not inspire confidence with this Court.

¶22

Learned A.G.A. has produced the medico-legal examination certificate. Perused the medico-legal certificate issued by the Chief Medical Officer, Gautam Budh Nagar dated 04.06.2020 regarding the petitioner's age. The said certificate, signed by three doctors - the Chief Medical Officer and two Additional Chief Medical Officers, have opined the detenue to be about 18-19 years. There is a mention of x-ray report dated 03.06.2020. The said certificate shows that assessment about age is based upon an ossification test. No doubt, there is no deontological assessment, but the certificate, apparently, shows the detenue to be a major.

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The Court further asked :

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Q. Aapne shaadi ki hai?

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A. Haa.

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Q. Kissey ki hai?

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A. Raja Kumar se.

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Q. Aap kahan se aayi hain?

¶29

A. Sasural se.

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Q. Aap kahan jana chahti hain?

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A. Sasural, apne pati ke paas.

¶32

Considering the entire facts and circumstances of the case and looking to the stand of the detenue-petitioner, Km. Soni, this Court is of the opinion that there is no good ground to hold that the petitioner is in unlawful confinement or illegal custody.

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In view of above, the rule nisi is discharged. The detenue-

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petitioner, who has come from her husband’s home, produced by the police, shall be escorted back in safety to her husband, Raja, respondent no. 4.

¶36

In the result, the writ petition stands allowed .

¶37

Order Date :- 8.9.2020 I. Batabyal

Km. Soni and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Km. Soni and Another v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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What the court decided

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