KM MANGLESH MINOR Vs. STATE OF U P

JUDGEMENT

(1.) 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 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 respondent Nos. 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 Rights Commission, the Chief Minister and the D.I.G. According to Vijai Singh, Km. Manglesh is under illegal confinement of respondent Nos. 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 Vijai 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.) Counter-affidavit has been filed on behalf of the respondent Nos. 4, 5, 6 and 7 alleging that the deponent Kendra Pal is aged about 55 years and respondent Genda Lal is aged about 90 years being physically weak and not able to move properly. It was further submitted that Km. Manglesh is about 21 years of age and she was already enrolled in the electoral roll of village Sirsabadan. Her name is shown in the voters list in the Assembly Election. Thus, she has attained the age of majority and the petitioner's father Vijai Singh has wrongly shown her date of birth as 15.7.1987. A true copy of the electoral roll has been filed as Annexure-C.A. 1. The petition is misconceived as Km. Manglesh had already escaped from her house earlier to this occurrence. On the F.I.R. of Vijai Singh the matter has been Investigated but the charge-sheet has been filed only against respondent No. 3 Nem Singh alias Narendra.