M.Y.EQBAL, J. - (1.)In the instant writ application under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issuance of a writ of certiorari for quashing the order dated 16-6-2006 passed in C.P. Case No.601/06 whereby the Sub- divisional Judicial Magistrate, Dhanbad, after holding that petitioner is a minor, directed her release in favour of her father respondent No. 4.
(2.)The facts of the case lie in a narrow compass: Petitioner's case is that she married respondent No. 5, Shyam Kumar Verma, on 17-2-2006 out of her own free will and the marriage was registered with the Marriage Officer, Dhanbad and a certificate to that effect was issued. According to the petitioner, she was major on the date of marriage as her date of birth is 5-1-1988. On the same day, petitioner arid respondent No.5 performed their marriage in Bhiphor Shankar Math and a certificate to that effect was also granted by the Secretary of the said Math. Information regarding their marriage was also given to the Superintendent of Police, Dhanbad and the Officer-in-Charge, Dhanbad Police Station. In the meantime, respondent No.4, who is father of the petitioner, after knowing solemnization of marriage, filed a complaint in the Court of Chief Judicial Magistrate, Dhanbad under Sections 364, 364A, 385, 365, 366, 494, 498A and Section 4 of the Dowry Prohibition Act which was registered as C.P. Case No.601/ 06. Respondent No.4 also filed application for recovery of his daughter and for giving custody of the petitioner on the ground that petitioner was minor on the relevant date of marriage. Petitioner was kept in Nari Niketan, Deoghar. Respondent No. 4 then filed application in the aforementioned case before the Chief Judicial Magistrate, Dhanbad for handing over the petitioner to him. Thereafter, the Sub-divisional Judicial Magistrate, vide order dated 20-5-2006, released the petitioner in favour of her husband respondent No.5 where she lived for about 15 days. Against the said order, respondent No. 4 preferred revision before this Court being Cr. Revision No.374 of 2006. Learned Single Judge of this Court, after hearing the petitioner, set aside the order dated 20-5-2006 passed by the Sub-divisional Judicial Magistrate and remanded the matter back to him for passing a fresh order. After the order of remand passed by this Court the matter was again heard by the Sub-divisional Judicial Magistrate and the impugned order dated 16-6-2006 was passed whereby it was held that petitioner was minor on the date of marriage and accordingly custody of the petitioner be given to her father respondent No.4. Respondent No.5, husband of the petitioner aggrieved by the said order filed writ petition before this Court being W.P.Cr.(HB) No. 122 of 2006 seeking issuance of a writ of habeas-corpus for the custody of his wife-petitioner. Respondent No. 5 also prayed for quashing the impugned order dated 16-6-2006 passed by Sub-divisional Judicial Magistrate, Dhanbad whereby the custody of the petitioner was given to respondent No.4. The aforementioned Writ Petition (Cr.) was heard by a Division Bench of this Court. The Division Bench, following the ratio decided by the Supreme Court in the case of "Naresh Shridhar Mirajkar and Ors. v. State of Maharashtra (AIR 1967 SC 1), held that the writ petition is not maintainable against the impugned order dated 16-6-2006 and the appropriate remedy available to the writ petitioner is to challenge the said order under Section 482 Cr.P.C.
(3.)Now the instant writ application has been filed by the petitioner, namely, Ranjana Verma under Articles 226 and 227 of the Constitution of India challenging the impugned order dated 16-6-2006 passed by Sub-divisional Judicial Magistrate, Dhanbad in C.P.Case No.601/06.