Akram Khan vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Akram Khan vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition decided in terms of the Court's orders: the minor prosecutrix to be housed forthwith in Rajkiya Bal Griha Balika, B-11, Sector 62, Noida, Gautam Buddh Nagar until 10.07.2027; petitioner-father's access only with District Judge's leave and good cause; twice-weekly lady doctor and monthly lady Judicial Officer oversight; on attaining majority she is free to go wherever and with whomsoever she wants, including Ritik; order to be communicated today through the Registrars (Compliance).

Issue for consideration

Where should the minor prosecutrix (date of birth 10.07.2009; to attain majority on 10.07.2027), who fears for her life if sent back to her parents and wishes to live with and marry Ritik, be housed pending her attainment of majority, in exercise of the Court's parens patriae jurisdiction?

Court's answer

The prosecutrix is a matriculate and, per her high school certificate issued by the U.P. Board of High School and Intermediate Education, her date of birth is 10.07.2009; she would turn eighteen on 10.07.2027 and is still a minor.

Ratio / Principle

Exercising its parens patriae jurisdiction and in the interest of justice, the Court ordered the prosecutrix to be housed forthwith in Rajkiya Bal Griha Balika, B-11, Sector 62, Noida, Gautam Buddh Nagar, since she is a minor with thirteen or fourteen months to majority and fears for her life if sent back to her parents.

Key takeaways

During her stay at the Bal Griha, the petitioner is not at liberty to meet the prosecutrix without leave of the learned District Judge, Gautam Buddh Nagar and good cause shown.ratio¶25
The Chief Medical Officer, Gautam Buddh Nagar is to depute a lady doctor twice a week to the Bal Griha to ensure the prosecutrix remains in good health, both mental and physical, during her stay.ratio¶28
The learned District Judge, Gautam Buddh Nagar is to depute a lady Judicial Officer to visit the Bal Griha once a month, ascertain any difficulty faced by the prosecutrix, and remedy it immediately (or the District Judge himself upon her report).

Detailed headnote1 paragraphs

Parens patriae - minor prosecutrix - custody and welfare. The prosecutrix, a matriculate whose high school certificate issued by the U.P. Board records her date of birth as 10.07.2009 (to attain majority on 10.07.2027), was produced before the Court with the Superintendent of Police, Sambhal's affidavit of compliance. She had told the Judicial Magistrate that she left home because her father (the petitioner) wanted to marry her off and that she wishes to marry Ritik. Examined viva voce, she reiterated her love for Ritik and stated her parents want to kill her. Held, exercising parens patriae jurisdiction, the Court directed that she be housed forthwith in Rajkiya Bal Griha Balika, B-11, Sector 62, Noida, Gautam Buddh Nagar until 10.07.2027; the petitioner may meet her only with the District Judge's leave and good cause; the CMO is to depute a lady doctor twice weekly and a lady Judicial Officer to visit monthly and redress grievances; on attaining majority she may go wherever and with whomsoever she likes, including Ritik; third-party meetings subject to her consent. Petition decided accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 29362 of 2025

Akram Khan

.....Petitioner(s)

Versus

State Of U.P. And 2 Others	.....Respo
Counsel for Petitioner(s)	: Suresh Singh
Counsel for Respondent(s)	: G.A.

.....Respondent(s)

Court No. - 47

HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J.

1. In compliance with our orders, the Superintendent of Police, Sambhal has filed an affidavit of compliance and sent along the prosecutrix. He has written a saga of his efforts that he put in most valiantly to recover the prosecutrix. The prosecutrix has been produced and has already made a statement before the learned Judicial Magistrate, where she has stated that she left home because the petitioner, her father, wanted to marry her off and that she wants to marry a boy of her choice, Ritik whom she loves.

2. Now, learned Counsel for the petitioner, at this stage, brings it to our notice that the prosecutrix is a matriculate and, in her high school certificate, issued by the U.P. Board of High School and Intermediate Education, her date of birth is 10.07.2009. She would, therefore, turn eighteen on 10.07.2027. She is still about fourteen months shy of attaining the age of majority. Nevertheless, since a definitive stand was taken before the Magistrate and the prosecutrix is available before the Court, we also consider it our duty, before making any orders, that we ascertain her stand viva voce :

" ्ऺश्न : आपका नाम ?

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उ्तर : सोनम ।्ऺ

श्न : आपके िपताजी का नाम ?

उ्तर : अकरम ।्ऺ श्न : आप इतने िदन कहाँ पे थीं ? उ्तर : इधर उधर स्टेशन पे ।्ऺ

श्न : िकसी के साथ तो नहीं रह रही थी इतने िदन ?

उ्तर : नहीं सर ।्ऺ श्न : आप अपने माता िपता के साथ जाएँगी ? उ्तर : नहीं ।्ऺ

श्न : क्यों नहीं जाना चाहती हैं ?

उ्तर : मैं ऋितक से प्यार करती हूँ और मेरे घर वाले मुझे जान से मरना चाहते हैं ।्ऺ

श्न : आप िकस्से शादी करना चाहती हैं ? उ्तर : ऋितक के साथ ।्ऺ

श्न : देिखये आप आठरह साल की नहीं हैं तो आप अकेली नहीं रह सकती आप कहाँ रहना चाहती हैं ?

उ्तर : ऋितक के साथ । "

3. In the circumstances, that the prosecutrix is a minor, who has still thirteen or fourteen months to go before she attains the age of majority on one hand and on the other she fears for her life, if sent back to her parents, we are of opinion that in the exercise of our parens patriae jurisdiction and the interest of justice, we order to house the prosecutrix in the Rajkiya Bal Griha Balika, B-11, Sector 62, Noida, Gautam Buddh Nagar (for short, Bal Griha) forthwith .

4. During her stay there, the petitioner will not be at liberty to meet the prosecutrix without leave of the learned District Judge, Gautam Buddh Nagar and good cause shown for the purpose.

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5. The Chief Medical Officer, Gautam Buddh Nagar is ordered to depute a lady doctor twice a week to the Bal Griha to ensure that the prosecutrix, during her stay at the Bal Griha, is in good health, both mental and physical.

6. The learned District Judge, Gautam Buddh Nagar is directed to depute a lady Judicial Officer who will visit the Bal Griha once a month and ascertain from the prosecutrix if she has any difficulty in staying there. Whatever difficulty the prosecutrix faces, if at all, the lady Judicial Officer concerned shall remedy it immediately.

7. If, for some reason, it is beyond the competence or authority of the lady Judicial Officer to remedy the difficulty which the prosecutrix faces, the learned District judge, Gautam Buddh Nagar will immediately remedy the problem upon a report received from the lady Judicial Officer.

8. The Superintendent, Rajkiya Bal Griha Balika, B-11, Sector 62, Noida, Gautam Buddh Nagar shall take care that the prosecutrix is well cared for and there is no misbehaviour with her, of any kind, during her stay. She should receive a friendly atmosphere in the Bal Griha.

9. The prosecutrix will stay in the Bal Griha until 10.07.2027 and, on that day, she will be set at liberty to go wherever she likes and with whomsoever she wants, including Ritik. If any one wishes to meet the prosecutrix, apart from her family members, it will be subject to the prosecutrix's consent and upon information being furnished to the District judge, Gautam Buddh Nagar.

10. The prosecutrix will be delivered into the custody of the Commissioner of Police, Prayagraj by the Court Officer, who will

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immediately arrange her safe and comfortable passage to Gautam Buddh Nagar and to the Bal Griha there.

11. The Superintendent of the Bal Griha will take necessary steps, as already directed to house the prosecutrix in it.

12. The petition is decided in terms of the aforesaid orders.

13. Let this order be communicated to the Commissioner of Police, Prayagraj through the learned Chief Judicial Magistrate, Prayagraj and the Superintendent of Police, Sambhal through the learned Chief Judicial Magistrate, Sambhal by the Registrar (Compliance) today.

14. Let this order be also communicated to the learned District Judge, Gautam Buddh Nagar, the Superintendent, Rajkiya Bal Griha Balika, B- 11, Sector 62, Noida, Gautam Buddh Nagar and the Chief Medical Officer, Gautam Buddh Nagar through the learned Chief Judicial Magistrate, Gautam Buddh Nagar by the Registrar (Compliance) today.

(Tarun Saxena,J.) (J.J. Munir,J.)

May 18, 2026

Prashant D.

Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad