(1.) This is an application for an order under Sec. 491 of the Code of Criminal Procedure and for a writ of habeas corpus under Art. 226 of the Constitution of India.
(2.) The petitioner who has been held to be 13 years of age by the City Magistrate, Agra has been ordered by him under Sec. 17 of the Suppression of Immoral Traffic in Women and Girls Act (hereinafter referred to as the Act) to be detained in Protective Home until she attains the age of 21 years. That order has been affirmed in appeal by the learned I Additional Sessions Judge, Agra on 18th Jan., 1963. By means of this petition it is prayed that the orders passed by the City Magistrate and the I Additional Sessions Judge be quashed by means of a writ of certiorari and that the petitioner may be set forth at liberty from custody in the Protective Home.
(3.) The facts, in this case are not in dispute and the questions to be decided are primarily those of law. During the course of arguments, which by breaks extended to several days, we permitted the learned counsel for the petitioner to raise some legal questions which had not been specifically taken in the petition. The submissions made before us are as follows: