- (1.) This petition seeks issuance of a writ in the nature of Certiorari quashing order of detention dated 19.6.2015, appended with the petition as Annexure -1. The petition also seeks issuance of a writ in the nature of Habeas Corpus directing respondent No.2 -Superintendent, Women Protection Home, District Lucknow to produce the petitioner and set her free.
(2.) It has been pleaded on behalf of the petitioner that the petitioner got married to Dilip Sharma, the deponent of her free will. The petitioner has not been kidnapped. Offence has not been committed, however, respondent No.3 in abuse of process of the law and process of the Court initiated criminal proceedings vide Case Crime No. 0100 of 2015, under Sections 363 and 366 I.P.C., Police Station Ataria, District Sitapur. It has been pointed out that the petitioner has already attained the age of majority. The petitioner in her statement recorded under Section 164 Cr.P.C.(Annexure -5) has made it evident that she had not been induced by Dilip Sharma to go with him, rather she had gone of her will and got married to him. It has further been clarified that petitioner wants to live with Dilip Sharma.
(3.) Considering some discrepancy in age, this Court vide order dated 18.5.2016 directed respondent No.2 to produce the petitioner in K.G.M.U.Lucknow, so that her age could be determined by a Board of Doctors. Order dated 18.5.2016 reads as under : "1. Shri Rajiv Raman Srivastava, Advocate has appeared on behalf of respondent no. 3. His power of attorney is taken on record. 2. Counter affidavit has been filed on behalf of the investigating agency. As per document Annexure CA -2 age of the petitioner has been found to be 16 years. According to Annexure CA -6, however, age has been found to be 18 years. Both the certificates have been issued on the basis of ossification test. While Annexure CA -2 is based on ossification test conducted on 16th June, 2015, Annexure CA -6 is based on ossification test conducted on 14th October, 2015. 3. There is a serious discrepancy. The issue is required to be resolved. 4. We hereby direct respondent no. 2 to produce the petitioner before Registrar, K.G.M.U., Lucknow. The Registrar, K.G.M.U., Lucknow shall ensure that a board of doctors is constituted for conducting ossification test of the petitioner. Medical age of the petitioner shall be determined and the relevant document shall be filed in this Court on or before the next date of listing. The petitioner be produced before the Registrar, K.G.M.U., Lucknow on 25th May, 2015. 5. List on 02.06.2016. ". ;