- (1.) Heard learned counsel for the petitioners, Sri Anjeet Singh through video conferencing, learned A.G.A. for the State and perused the record.
(2.) This writ petition has been filed seeking the following reliefs:- "(I) Issue a writ, order or direction in the nature of habeas corpus commanding and directing the respondents/Superintendent of Government Women's Asylum Khuldabad, District - Prayagraj to produce the detenue-Vandana @ Bandana Saini before this Hon'ble Court and to set free of detenue on her own sweet will and wishes. (II) Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. (III) Award the cost of the writ petition in favour of the petitioners."
(3.) This writ petition has been filed on behalf of petitioner no. 1, Vandana @ Bandana Saini (detenue) through her husband, Vivek @ Vivek Kumar, petitioner no. 2 against whom F.I.R. was lodged on 24.05.2019 which was registered as Case Crime No. 131 of 2019, under Sections 363, 366, 120B I.P.C. and Section 7/8 of P.O.C.S.O. Act, 2012, Police Station Malwan, District - Fatehpur. As per the statement of the detenue recorded on 23.12.2020 under Section 164 Cr.P.C. in which she had stated her age to be 17 years. As per F.I.R. version the age of the detenue is 16 years and 2 months. The detenue was sent in the custody of Superintendent of Government Women's Asylum Khuldabad, District-Prayagraj by order dated 25.12.2020 passed by Judge, Child Welfare Committee, Fatehpur. As per school leaving certificate of the detenue, her date of birth is 02.04.2004. Thus, she is minor.;