MANGLESH ALIASMONORALIAS Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. The present writ petition has been filed on behalf of Km. Manglesh through her father and natural guardian Vijai Singh on the ground that the petitioner Km. Manglesh was born on 15-7-1987 and she passed passed High School Examination from Sri Ganesh Higher Secondary School, Kutumbpur district Etah in the year 2001. She was a regular student of class IX in Rani Awanti Bai Inter College, Marhara district Etah. Km. Manglesh being a minor was not in a position to take her independent decision. It is alleged that one Nem Singh, Respondent No. 3, is a notorious person and he kidnapped Km. Manglesh on 12-12-2001. The Respondents No. 3 to 7 are highly influential persons, who have illegally detained Km. Manglesh against her free-will and wishes. Km. Manglesh went to School on 12-12-2001 at 9 a. m. but she did not return about which a report was lodged under Sections 363 and 366 I. P. C. at P. S. Marhara district Etah. The same was registered as Crime No. 118 of 2002 (Annexure 2 to the petition ). The police did not take any action; hence the father of the petitioner represented to the Human Right Commission, the Chief Minister and the D. I. G. According to Vijay Singh, Km. Manglesh is under illegal confinement of Respondents No. 3 to 7; hence he prayed for issuing a writ in the nature of Habeas Corpus commanding the respondents to produce Km. Manglesh and thereafter she may be given in the custody of Vijay Singh. In support of his contention a photocopy of High School marksheet of Km. Manglesh showing her date of birth to be 15-7-1987 has been filed.

(2.) COUNTER affidavit, rejoinder affidavit, then short counter affidavit and rejoinder affidavit were exchanged.

(3.) IN the short counter affidavit the deponent Kendra Pal has deposed that Km. Manglesh appeared in the Adhikari Pariksha from Gurukul Vishwa Vidayalaya, Brindaban, Mathura and her date of birth is recorded as 15-7-1983. A photocopy of the mark-sheet has been filed as Annexure CA 1.