REGENT COMPUTRONICS PVT. LTD.

SARTAJ Appellant

V/S

STATE OF UTTAR PRADESH Respondents

Referred Judgements :-

CHANDRIKA PRASAD NISAD V. STATE OF U.P. [REFERRED TO]
DEEP CHAND VS. STATE OF RAJASTHAN [REFERRED TO]
PATNA IMPROVEMENT TRUST VS. LAKSHMI DEVI [REFERRED TO]
STATE OF UTTAR PRADESH VS. SINGHARA SINGH [REFERRED TO]
BARIUM CHEMICALS LIMITED VS. COMPANY LAW BOARD [REFERRED TO]
NIKA RAM VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
RAMCHANDRA KESHAV ADKE VS. GOVIND JOTI CHAVARE [REFERRED TO]
CHETTIAN VEETIL AMMAD C MATHEW JAYASHREE TEA AND INDUSTRIES LIMITED RAVI KARUNA KARAN E V PAUL P A SIVASUBRAMONIAN V G KURIAKOSE C A VENKATACHALLAM CHETTIAR SUBHADRA SMT VARGHESE MARIAM P J VETRIVEL P M KURUVILLA THO VS. TALUK LAND BOARD:STATE OF KERALA:TALUK LAND BOARD:TALUK LAND BOARD:TALUK LAND BOARD:STATE OF KERALA:TALUK LAND BOARD:TALUK LAND BOARD:STATE OF KERALA:TAL [REFERRED TO]
STATE OF BIHAR VS. J A C SALDANHA:J A C SALDANHA [REFERRED TO]
A K ROY VS. STATE OF PUNJAB [REFERRED TO]
BANGALORE MEDICAL TRUST VS. B S MUDDAPPA [REFERRED TO]
STATE OF MIZORAM VS. BIAKCHHAWNA [REFERRED TO]
D K BASU ASHOK K JOHRI VS. STATE OF WEST BENGAL :STATE OF UTTAR PRADESH [REFERRED TO]
VISHAKA VS. STATE OF RAJASTHAN [REFERRED TO]
CHANDRA KISHORE JHA VS. MAHAVIR PRASAD [REFERRED TO]
DELHI ADMINISTRATION VS. GURDIP SINGH UBAN [REFERRED TO]
DHANANJAYA REDDY VS. STATE OF KARNATAKA [REFERRED TO]
HINCH LAL TIWARI VS. KAMALA DEVI [REFERRED TO]
COMMISSIONER OF INCOME TAX MUMBAI VS. ANJUM M H GHASWALA [REFERRED TO]
PRABHA SHANKAR DUBEY VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAM PHAL KUNDU VS. KAMAL SHARMA [REFERRED TO]
RAM CHANDRA SINGH VS. SAVITRI DEVI [REFERRED TO]
LATA SINGH VS. STATE OF U P [REFERRED TO]
NAGAR NIGAM MEERUT VS. AL FAHEEM MEAT EXPORTS PVT LTD [REFERRED TO]
MILKMEN COLONY VIKAS SAMITI VS. STATE OF RAJASTHAN [REFERRED TO]
RAMDHANI PANDE VS. STATE OF MADHYA PRADESH [REFERRED TO]
MAHENDRA JAIN PATNI AND VS. UNION OF INDIA [REFERRED TO]
A NALLASIVAN VS. STATE OF TAMIL NADU [REFERRED TO]

JUDGEMENT

(1.) Present writ petition in the nature of habeas corpus has been preferred asserting that the petitioners were unlawfully detained by the police in pursuance to a First Information Report lodged on the allegation that the petitioner No. 1 Sartaj had abducted the petitioner No. 2 Afreen Bano who is alleged to be a minor. Brief facts giving rise to the present controversy are discussed hereinafter :

(2.) A First Information Report dated 12.4.2010 in Crime No. 391 of 2010 under Sections 363/366 I.P.C. was registered at Kotwali Nagar, Sitapur with the allegation that the petitioner No. 1 abducted the petitioner No. 2 Afreen Bano, a minor with oblique motive. Apprehending arrest in pursuance to the allegation contained in the First Information Report, the petitioner.No. 1 had preferred a Writ Petition No. 4158(M/B) of 2010 in which by an interim order dated 6.5.2010, a Division Bench of this Court had stayed the arrest of the petitioner No. 1 till filing of the charge- sheet. A copy of the interim order dated 6.5.2010 passed in Writ Petition No. 4158M/B) of 2010 has been annexed as Annexure No. 3 to the writ petition. It has been stated by the petitioner No. 1 that in spite of the interim order passed by this Court, he was arrested by the police on 1.6.2010 and continued under detention up to 5.6.2010. It has also been asserted that Smt. Afreen Bano was also detained in the police station for about fourteen days.

(3.) The petitioners have pleaded that they entered into wedlock on 6.4.2010 through Nikah at Roop Nagar, Punjab. The petitioner No. 2 passed High School with Roll No. 0922313 and in the High School certificate (annexure No. 2), her date of birth has been recorded as 20.4.1992. Accordingly, the submission is that the petitioner No. 2 attained the age of majority on 19.4.2010. Since she attained the age of majority, she could not have been arrested by the police in the month of June, 2010.

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SARTAJ Vs. STATE OF UP

Referred Judgements :-

JUDGEMENT

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