Writ petition filed by an accused on behalf of a minor victim residing in a protection home. The court held that no illegal detention existed under a valid order and dismissed the petition.
Writ petition is dismissed.
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Court No. - 48
Case :- HABEAS CORPUS WRIT PETITION No. - 672 of 2020
Petitioner :- Smt. Komal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Anand Mohan Pandey,Om Prakash Katiyar
Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
This writ petition has been filed by accused Kishan Kumar allegedly on behalf of victim Komal, who is minor girl and presently she is residing in Rajkiya Mahila Sharnalaya, Etawah under the order of Child Welfare Committee, Farrukhabad U.P. dated 23.03.2020 in which it is mentioned that age of Corpus Komal as per educational certificate is 16 years and 4 months. The petitioner Kishan Kumar is an accused in Case Crime No. 310 of 2019, under Sections 363, 366, 376 I.P.C. and Section 7/8 POCSO Act, P.S. Nawabganj, District Farrukhabad. The Corpus Komal is the victim.
Under the circumstances, we do not find any merit in this writ petition. The Corpus Komal is residing in the aforesaid Protection Home under the valid order dated 23.03.2020 passed by the competent authority. Therefore, it cannot be said that she is in illegal detention of the respondent no.3.
For the reasons aforequoted, we do not find any merit in the writ petition. Consequently, writ petition is dismissed.
Order Date :- 19.1.2021 T.S.
1 issue framed by the court
Whether a habeas corpus petition is maintainable regarding a minor victim residing in a protection home under a valid court order
Kishan Kumar
State Of U P
3 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
