RAVI Vs. STATE

JUDGEMENT

(1.) This is a writ of habeas corpus for direction to produce Anand Rao, younger brother of the petitioner, stated to be 17 years of age. Petitioner Ravi, it is stated, is a resident of village Naya Gaon, Post Chahaundaghat, Main Post office Ram Nagar, PS Jahangirganj, District Ambedkar Nagar, U.P. had reached Delhi on 23.12.2013, to trace out and locate his brother Anand Rao.

(2.) In the writ petition it is alleged that on local inquiry the petitioner came to know that on 20.12.2013 at 7:00 p.m. some unknown persons had given beating to Anand Rao and handed him over to the local police officers of Police Station Sultanpuri.

(3.) The writ petition was listed for the first time before the Court on 03.03.2014 when on advance notice appearance was made on behalf of the State. On the said date itself, on behalf of Respondent/State it was submitted that Anand Rao was apprehended on 21.12.2013 in FIR No.893/2012 recorded at Police Station Sultanpuri, under Sections 376(2)/511 of the Indian Penal Code, 1860 and Section 10 of the Protection of Children from Sexual Offences Act, 2012. Anand Rao's sister Sangeeta, wife of Dharmender was duly informed about his detention/arrest. Anand Rao was produced before the Juvenile Justice Board for age verification and as per the opinion/order passed by the said Board, Anand Rao was major as on the date of occurrence and accordingly, thereafter he was shifted to Tihar Jail. Charge sheet in the said FIR was filed in the Court on 19.02.2014.