LAWS(ALL)-2019-7-64

SAURABH PANDEY Vs. STATE OF U P

Decided On July 15, 2019
SAURABH PANDEY Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 to 4 and perused the record.

(2.) This habeas corpus petition seeks production and release of Pooja (petitioner no.2-corpus), who, since 02.03.2019, is in the care and protection of Nari Niketan, Nidharia, Ballia pursuant to order dated 02.03.2019 passed by Child Welfare Committee, Ballia.

(3.) A perusal of the order dated 02.03.2019 passed by the Child Welfare Committee, which is there on record as Annexure 7 to the petition, reveals that the Child Welfare Committee considered it appropriate to place the corpus in the care and protection of Nari Niketan upon finding: that the date of birth of the corpus is 10.08.2002; that a first information report has been registered at P.S. Kotwali, District Ballia as Case Crime No.475 of 2018, under Sections 363, 366, 120-B IPC and Section 7/8 of Pocso Act, at the instance of Dabloo Pandey, father of the corpus, alleging that the corpus, who is aged 16 years, has been enticed away by the accused Saurabh Pandey (petitioner no.1 herein); and that the corpus is unwilling to go with her parents.