Jay Narayan Vishwakarma Vs State of U.P. and 4 Others — Allahabad HC (2022) — LawSathi Research

Jay Narayan Vishwakarma Vs State of U.P. and 4 Others — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to ensure that the age of the victim is determined as per law; if she is found minor, her interest to be protected in accordance with the applicable provisions of law; if found major, she is to be allowed to live as per her wishes.

Issue for consideration

Whether the respondents should be directed to determine the age of the victim (the petitioner's daughter, named in Case Crime No. 301 of 2021 under Sections 363 and 366 I.P.C.) and, if she is found minor, to protect her interest in accordance with law, while allowing her to live as per her wishes if found major. +1 more

Court's answer

The petition is disposed of with a direction upon the respondents to ensure that the age of the victim is determined as per law, and in the event she is found minor, her interest would be protected in accordance with the applicable provisions of law.

Ratio / Principle

In the event the victim is found to be major, she would be allowed to live as per her wishes.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ashwani Kumar Mishra and Rajnish Kumar, JJ.), Criminal Misc. Writ Petition No. 1390 of 2022, order dated 8.4.2022: Writ petition filed by the father of a girl named in Case Crime No. 301 of 2021 under Sections 363 and 366 I.P.C., Police Station Jhunsi, District Prayagraj, praying for recovery of his minor daughter and for a fair and impartial investigation by an independent agency. The victim had been traced; her statement under Section 164 Cr.P.C. was recorded in which serious allegations were made against the father and she stated she had married out of her own volition; her age determination was pending. Disposing of the petition, the Court directed the respondents to ensure that the victim's age is determined as per law; if she is found minor, her interest is to be protected in accordance with the applicable provisions of law; if she is found major, she is to be allowed to live as per her wishes.

Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 1390 of 2022

Petitioner :- Jay Narayan Vishwakarma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajkumar Verma Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.

This petition is filed by the father of the victim with a prayer to recover his minor daughter for which Case Crime No. 301 of 2021, under Sections 363 and 366 I.P.C., Police Station - Jhunsi, District - Prayagraj has been lodged by him. Prayer has also been made to direct the respondents to conduct the fair and impartial investigation from some independent agency. While entertaining the writ petition we required the State to make all endeavours to trace out the girl.

On the last occasion i.e. 5.4.2022 following order was passed :-

"Affidavit of Senior Superintendent of Police filed today is taken on record.

Counsel for the petitioner may file a reply within three days.

Learned AGA states that the victim has been traced and her age is being determined in accordance with law. It is also stated that her statement would be got recorded under Section 164 Cr.P.C. and she will be kept in the Child Protection Home and her release would remain subject to the orders passed by the competent court.

Let this matter appear as fresh, once again, on 8.4.2022 and the AGA shall inform the Court about the outcome of the pending proceedings.

The personal appearance of the officers is dispensed with subject to further orders to be passed in the matter."

Learned AGA informs the Court that the victim has been kept in protection home and her statement has been recorded under Section 164 Cr.P.C., in which serious allegations have been made against the father. It is also alleged that the victim has married out of her own volition and she wants to live with her husband. Learned AGA however, points out that the age of victim is yet to be determined for which necessary steps are being taken.

In the facts of the case we dispose of this petition with a direction upon the respondents to ensure that the age of victim is determined as per law and in the event she is found minor, her interest would be protected in accordance with the applicable provisions of law. In the

event the victim is found to be major she would be allowed to live as per her wishes.

Order Date :- 8.4.2022

Md Faisal

Digitally signed by MOHD FAISAL Date: 2022.04.11 12:19:56 IST Reason: Location: High Court of Judicature at Allahabad