LAWS(ALL)-2007-2-351

NAUSIDA D/O LATE KAMIL W/O MOHD AFZAL Vs. STATE OF UTTAR PRADESH THROUGH SECRETARY HOME, GOVERNMENT OF UTTAR PRADESH; SENIOR SUPERINTENDENT OF POLICE; STATION HOUSE OFFICER AND SAFDAR SON OF SEEDA

Decided On February 23, 2007
Nausida D/O Late Kamil W/O Mohd Afzal Appellant
V/S
State Of Uttar Pradesh Through Secretary Home, Government Of Uttar Pradesh; Senior Superintendent Of Police; Station House Officer And Safdar Son Of Seeda Respondents

JUDGEMENT

(1.) The writ petition is made basically for the following reliefs amongst others;

(2.) An F.I.R. has been lodged on 2nd September,2006 by one Safdar, the respondent No. 4 herein saying that Afzal alias Mohd. Afzal, kidnapped Km. Nausheeda, on 8th August,2006, who is allegedly about 15 years of age.

(3.) In the writ petition, the concerned girl Nausheeda is the petitioner No. 1 when the accused Afzal is the petitioner No. 2 along with others. The writ petition is supported by the affidavit of Nausheeda herself describing her age is 22 years. The writ petition is supported by various annexures including annexure 3 which is very relevant for the purpose of due consideration. Such annexure is a certificate of the concerned Chief Medical Officer (hereinafter called as C.M.O.) Saharanpur dated 22nd September, 2006 on the basis of the order dated 18th September, 2006 of the Additional Disitrict Magistrate, Administration, Saharanpur. It is stated therein that the girl was present for examination. The examination was done. According to her own statement the age is 22 years. On the physical appearance the C.M.O. certified that her age is about 20/22 years.