DESHU Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This Criminal Misc. Petition is filed by the petitioner while challenging the order dated 16.01.2014 passed by the Additional Chief Judicial Magistrate, Bhinmal, District Jalore (hereinafter referred to as 'the court below') whereby the application filed by the respondent No.2 - father of the petitioner for handing over the custody of the petitioner to him has been rejected. In the same order, the court below has also rejected the application moved on behalf of the petitioner to release her from police custody and allow her to go as per her own will.

(2.) The court below, while rejecting the application, has observed that from the transfer certificate of the school concerned, it appears that the age of the petitioner is less than 18 years and she is minor and, therefore, she cannot be allowed to go as per her own will and as she is not willing to go with her father, her custody cannot be handed over to her fatherrespondent No.2. While observing this, the court below has ordered for keeping the petitioner in Government Balika Sudhar Grah, Mandore, Jodhpur till further orders.

(3.) Learned counsel for the petitioner has submitted that the petitioner is major and has lawful right to live as per her own will. It is contended that the age of the petitioner shown in the transfer certificate is incorrect and in fact the petitioner was more than 18 years when the FIR No.9/2014 was lodged at Police Station, Bhinmal, District Jalore, wherein her father alleged that she has been abducted by Talka Ram S/o Bhura Ram R/o Junjani, Tehsil Bhinmal, District Jalore. It is also contended by learned counsel for the petitioner that as per the direction given by this Court vide order dated 29.09.2014, the Child Welfare Committee, Jodhpur has conducted enquiry regarding age of the petitioner and got her examined from the Medical Jurist of Mahatma Gandhi Hospital, Jodhpur and the Medical Jurist, in his report dated 26.11.2014, has opined that age of the petitioner is between 19 to 20 years. Learned counsel for the petitioner has submitted that at the time of passing of impugned order, the petitioner might be minor but now she is major and, therefore, she is entitled to live and go as per her own will.