STATE Vs. INDERMANI

JUDGEMENT

(1.) The learned Sessions Judge, Dehra Dun has made this reference recommending that the order made by the ADM (Executive) restoring one Kumari Jaiwanti to the custody of her uncle be quashed.

(2.) The facts, briefly stated, are these. On 2 -2 -1964 Kumari Jaiwanti, a minor girl, approached an officer designated as Rescue Officer and appointed under the provisions of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (hereinafter called the Act) and complained that she had been turned out by her uncle Indermani and expressed a desire for being kept in a Protective Home. On 3 -2 -1964 the Rescue Officer produced her before the, City Magistrate who recorded her statement on oath and ordered her to be detained in a Protective Home. Ram Kishore, son of Indermani, moved an application before the City Magistrate on 4 -2 -1964 alleging that she was his cousin sister and was a minor. He prayed that she was being unlawfully detained in the Protective Home and should be released. The City Magistrate ordered the medical examination of the girl and the doctor reported that she was between 16 and 17 years of age. Thereupon the application of Ram Kishore was forwarded by him to the District Magistrate for orders. The matter was finally put up before the Addl. Distt. Magistrate (Executive) on 4 -3 -1964 who directed the release of the girl from detention and ordered that she be restored to the custody of her uncle Indermani.

(3.) It appears that the State Government was dissatisfied with the order of the Addl. Distt. Magistrate and filed a revision in the court of the Sessions Judge who has made the above reference.