DAYARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) After disposal of the habeas corpus petition by us on 21.12.2017 the matter was placed before the Court in reference to the letter received from the office of Superintendent, Government Nari Niketan, Bharatpur dt.22.12.2017 pointing out that as per the school certificate the date of birth of detenue is 16.4.2000 and she has not attained the age of 18 years and requested for what further action to be taken by the concerned authorities.

(2.) We made it clear while disposing of the petition that we took note of the fact that the detenue is a student of B.A. Part-I and her date of birth is 1.1.1999, but as per the school certificate her date of birth is 16.4.2000 and she is at the verge of attaining the age of majority, but two different dates of birth are on record i.e. 1.1.1999 and 16.4.2000 and she has not shown her willingness to go with her father.

(3.) In these circumstances, we consider it appropriate that the detenue should be produced before the ld. Magistrate for recording of her statement and further action will be taken in accordance with law. We further made it clear while disposing of the petition that the authorities will not be influenced or inhibited by the observations made vide order dt.21.12.2017.