Dismissed
Birju v. State of Punjab and Ors.
Punjab & Haryana HCCRM-M/11191/2011
Case brief
from the order text
What is this about?
M-11191 of 2011 [ 1 ] IN THE HIGH COURT OF…
What the court decided
AI extract
M-11191 of 2011 [ 1 ] IN THE HIGH COURT OF…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[ 1 ]
Crl. Misc. No. M-11191 of 2011
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-11191 of 2011 Date of Decision: Oct. 14,2011
Birju ........................................................... Petitioner
Versus
State of Punjab and others ........................ Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
Present: None for the petitioner.
Mr. Ashok Sharma, Advocate for respondent No.4.
RITU BAHRI, J. (Oral)
This criminal miscellaneous is for recalling the order dated 18.3.2011.
The applicant is father of Kiran Kumari who had filed Crl. Misc. No. M-8488 of 2011 which was disposed of by giving liberty to the petitioners to approach the Senior Superintendent of Police, Ludhiana, to seek protection as per the instructions dated 10.8.2010 issued by the Home Department, Punjab. The petitioners were not to be arrested and adequate security was to be provided to them, if
[ 2 ]
Crl. Misc. No. M-11191 of 2011
required.
The date of birth of Kiran Kumari is 20.6.1996 and she was a minor of 14 years and 9 months of age on the date when the order was passed.
Kiran and her husband are present in Court today. In the reply filed by the Assistant Commissioner of Police, Ludhiana, it has been stated that vide order dated 31.3.2011 in a habeas corpus petition filed by Pankaj son of Sh.Rakesh a direction was given to the Judicial Magistrate Ist Class, Ludhiana, to summon the detenue Kiran and record her statement as to whether she wants to accompany her parents or petitioner and in compliance of this order the statement of Kiran was recorded under Section 164 Cr.P.C. on 6.4.2011 and custody of Kiran was handed over to Pankaj, her husband. Thereafter, an Ossification Test was conducted on 26.3.2011 and as per the opinion of the doctor the age of Kiran was 17 to 19 years. The Ossification Test report is annexed as Annexure R1.
In view of the reply filed by the State, this criminal miscellaneous for recalling the order dated 18.3.2011 is dismissed.
14.10.2011 ( RITU BAHRI ) Rupi JUDGE
Birju
State of Punjab
RITU BAHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court