ASHWANI KUMAR SINGH,J. - (1.) HEARD learned counsel for the petitioner, learned State counsel and learned counsel for opposite party No. 4, Sri Man Singh. This court had passed an order on 06.09.2010 wherein S.H.O. Kohnaur, District Pratapgarh was directed to produce opposite party No. 4, Sri Man Singh and the detenue, Raj Kumari. Both opposite party No. 4, Sri Man Singh and the detenue, Raj Kumari are present today in this court.
(2.) THE report of the Chief Medical Officer, Allahabad is on record, which reveals the age of detenue, Raj Kumari, to be 18 years and according to her own statement given in this report, she is of 19 years. The report reveals that the detenue Raj Kumari has attained the age of majority. Learned counsel for the petitioner submits that detenue Raj Kumari is still minor and in support of his contention he has filed Scholar's Register and Transfer Certificates, which are annexed as Annexure 2 and 3 to this application wherein the date of birth in both the certificates has been indicated as 12.05.1995. It may be observed here that oftenly the parents do not mention the correct date of birth when they get their child admitted in the school. The parents oftenly mention less age of thier children while getting them admitted in the school. There is no certificate of any High School or Intermediate Board on record to support the contentions of learned counsel for the petitioner. On the other hand, detenue Raj Kumari has herself stated before this court that she is aged about 19 years and her contention is supported by the medical certificate issued by the Chief Medical Officer, Allahabad, wherein her age has been shown as 18 years. In the facts and circumstance of the case, I find no force in the petition. Accordingly, this petition is dismissed. However, it is directed that detenue Raj Kumari, who has been brought from Women's Protective Home, Allahabad by lady constable, shall go back to Women's Protective Home, Allahabad and the Superintendent of Women's Protective Home, Allahabad shall set her at liberty and Raj Kumari can choose her own distination.
(3.) SHRI Rajendra Kumar Dwivedi, learned A.G.A. shall immediately inform the District Magistrate, Allahabad regarding the order passed by this court in Habeas Corpus Petition No. 450 of 2010, today.;