Dismissed

Kalavati Devi and Another v. State of U P and 3 Others

Allahabad HC27 Jan 2023HABC/879/2022

Case brief

AI extract

What is this about?

In a Habeas Corpus petition, the court recorded the statement of a 17-year-old minor daughter. Since she voluntarily appeared with parents, the court held the petition infructuous, dismissing it. The minor was directed to remain with her parents for protection.

What did the court decide?

Petition dismissed as infructuous; minor directed to remain in parental custody.

Kalavati Devi and Another Vs State of U P… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 50

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Case :- HABEAS CORPUS WRIT PETITION No. - 879 of 2022

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Petitioner :- Kalavati Devi And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Anil Kumar Bind Counsel for Respondent :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Learned counsel for the petitioners and learned A.G.A. for the State are present.

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Today when the matter is taken-up, the corpus- Geeta accompanied by her mother Kalavati Devi and father Mahendra appeared before the Court. However, from the perusal of the record it transpires that no specific order has been passed by this Court for her appearance.

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Learned counsel for the petitioners submitted that as the corpus has appeared before the Court, her statement may be recorded.

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Learned A.G.A. submitted that as the corpus has been produced by her own. There is a question of identification of the corpus, as she has allegedly appeared before this Court by herself and a case has been registered, with regard to rape of the corpus, by petitioner No.1-her mother, under Sections 376, 506 I.P.C., 3/4 POCSO Act and 3(2)(v) SC/ST Act against respondent No.4.

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Learned counsel for the petitioners has identified the corpus as Geeta D/o Mahendra Pratap and Kalavati Devi and a request has been made to record her statement.

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No objection has been raised by learned A.G.A. to the prayer of recording the statement of corpus.

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The statement of the corpus is recorded today in the Court wherein she stated that her name is Geeta and she is aged about 17 years. She further stated that her date of birth is 10.05.2005 as per High School mark-sheet. She next stated that presently she is residing with her mother and is not willing to go with Akash- respondent No.4. Lastly, she stated that the respondent no. 4 had took her away forcefully and thereafter her mother lodged an F.I.R. against him.

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Learned counsel for the petitioners submitted that as the corpus is presently residing with her parents and respondent No.4 is

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accused of committing rape on her and she was minor on the date of incident. Therefore, the petition may be dismissed as having become infructuous.

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Accordingly the present writ petition is dismissed as infructuous.

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The corpus is directed to go back to her parental place and she will remain in protection and custody of her parents until, any further order is passed by competent Court.

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Order Date :- 27.1.2023 Nitika

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Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad

Kalavati Devi and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Kalavati Devi and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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