This High Court accepted that the victim is a minor other than grounds for release, dismissing the habeas corpus petition filed on behalf of a female accused in a POCSO case regarding her detention at Nari Niketan.
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Court No. - 46
Case :- HABEAS CORPUS WRIT PETITION No. - 477 of 2021
Petitioner :- Varish And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and the learned A.G.A.
As per order of the Additional Sessions Judge/ Special Judge (POCSO Act) Bulandhahr dated 17.10.2020, the date of birth of the victim (petitioner No.2) is 24.04.2006 and thus, she is minor and accordingly has been sent to Nari Niketan, Meerut. The aforesaid order of the Additional Session Judge dated 17.10.2020 has not been challenged.
In view of the aforesaid, since the victim is minor and therefore, we do not find any good reason to issue any direction for release of the corpus (petitioner No.2) in favour of the petitioner No.1. The writ petition is dismissed.
Order Date :- 6.8.2021 NLY
Varish And Another
State Of U.P. And 3 Others
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
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