Babita Detenue vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Babita Detenue vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: corpus placed at Children Home, Prayagraj pending fresh radiological age determination by the Chief Medical Officer, Prayagraj within two days; matter to be listed afresh on 04.07.2025 at 02:00 pm with the radiological report; Registrar (Compliance) to ensure compliance.

Issue for consideration

Whether the corpus, Babita, is a minor, given the absence of any valid age proof and the disputed/unreliable ossification test report, warranting fresh radiological age determination in accordance with Section 94 of the Juvenile Justice Act. +1 more

Court's answer

As no valid age proof is available to assess the age of the corpus as per Section 94 of the Juvenile Justice Act, the Court referred the corpus to the Chief Medical Officer, Prayagraj for fresh determination of her radiological age within two days.

Ratio / Principle

In the meantime, i.e., until the fresh radiological age determination, the corpus shall remain at Children Home, Prayagraj.

Key takeaways

The matter was ordered to be listed immediately on 04.07.2025 as fresh at 02:00 pm along with the radiological report of the Chief Medical Officer, Prayagraj, and the Registrar (Compliance) directed to ensure compliance with the order.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Ms. Nand Prabha Shukla, J.), interim order dated 2.7.2025 in Habeas Corpus Writ Petition No. 491 of 2025 (Court No. 85). The petitioner alleged that the corpus, Babita, is his minor daughter and a victim of crime in F.I.R. 0094/2025 under Section 137(2) of BNS, P.S. Mirahachi, District Etah, and that owing to dereliction of duty by the previous Investigating Officer the custody of the victim had been handed over to the accused on the basis of an ossification test report placing her radiological age at about 19-20 years, which he alleged was falsely obtained under pressure on medical authorities; in her statement recorded u/s 183 BNSS she had expressed a wish to go with her parents. Finding that no valid age proof was available to assess the corpus's age as per Section 94 of the Juvenile Justice Act, the Court referred the corpus to the Chief Medical Officer, Prayagraj for fresh determination of her radiological age within two days, directed that she meanwhile remain at Children Home, Prayagraj, listed the matter afresh for 04.07.2025 at 02:00 pm along with the radiological report, and tasked the Registrar (Compliance) to ensure compliance.

Court No. - 85

Case :- HABEAS CORPUS WRIT PETITION No. - 491 of 2025

Petitioner :- Babita Detenue Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

Sri Santosh Kumar Pandey and Sri Rajnish Kumar Pandey, Advocate have filed their vakalatnama on behalf of respondent no. 4, is taken on record.

Heard learned counsel for the petitioner, learned counsel for respondent no. 4, learned AGA for the State and perused the record.

In pursuance to the order dated 12.06.2025 the corpus, Babita has been produced by lady Constable Ms. Anita Verma and Constable Mr. Anil Kumar (PNO No. 182232826) P.S. Mirahachi, District Etah and S.I. Mr. Jagdish Singh (PNO No. 860730606) P.S. Mirahachi, District Etah.

Learned counsel for the petitioner has raised an objection that the corpus is his minor daughter and is a victim of crime in F.I.R. 0094/2025 under Section 137(2) of BNS, P.S. Mirahachi, District Etah and due to the dereliction of duty on the part of the previous Investigating Officer, the custody of the victim was handed over to the accused by relying the ossification test report wherein her radiological age was determined about 19-20 years.

Learned counsel for petitioner submits that the corpus is his minor daughter and in her statement recorded u/s 183 BNSS she had expressed her desire to go along with her parents but the previous Investigating Officer by putting undue pressure upon the medical authorities has obtained a false ossification test report which is totally unreliable.

Considering the fact, that there is no valid age proof available to assess the age of the corpus as per Section 94 of the Juvenile Justice Act, therefore, the corpus is referred to Chief Medical Officer, Prayagraj for the fresh determination of her radiological age within two days.

In the meantime, the corpus shall remain at Children Home, Prayagraj.

List this matter immediately on 04.07.2025 as fresh at 02:00 pm along with the radiological report of Chief Medical Officer, Prayagraj.

Registrar (Compliance) shall ensure that the order to be complied with.

Order Date :- 2.7.2025 Nisha

Digitally signed by :- nisha kumari High Court of Judicature at Allahabad