Smt. Mandakini & Another vs State Of U.P. & 4 Others
2016 Latest Caselaw 3811 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 26907 of 2016
 

 
Petitioner :- Smt. Mandakini & Another
 
Respondent :- State Of U.P. & 4 Others
 
Counsel for Petitioner :- Anil Kumar Dubey,Dilip Kumar Goswami
 
Counsel for Respondent :- G.A.
 
Hon'ble Abhai Kumar, J.

This is a second writ petition filed by petitioners - Smt. Mandakini & anr., with a prayer to issue a writ, order or direction in the nature of of Habeas Corpus commanding the respondent nos. 2 and 3 to ensure compliance of the order passed by this Hon'ble Court in Criminal Misc. Writ Petition No. 23209 of 2014 dated 28.11.2014 and private respondent nos. 4 & 5 be directed to produce the corpus / petitioners before the Court.

The proof regarding age of the petitioner / corpus is not being produced in earlier criminal misc. writ petition mentioned-above. It was directed by this Court vide order dated 28.11.2014 that medical examination of Kumari Mandakini shall be done by the C.M.O. Jalaun on being produced before the C.J.M. Jalaun. From the facts narrated in the writ petition it appears that corpus did appear before the C.J.M. Jalaun and all the formalities have been completed as per orders passed by another Bench of this Court above referred, but the medical report has not been filed for ascertaining the age of the petitioner / corpus. The report of the doctor of Lal Bahadur Shastri Hospital, Khichripur, Delhi, in which the age of the petitioner / corpus is 19 years can not be accepted as conclusive proof regarding the age. It is submitted by learned counsel for the petitioners that corpus is educated till Class ? VIII. In the circumstances, it is directed that petitioners may file supplementary affidavit regarding the proof of age of the corpus ? petitioner.

List on 22nd July, 2016, in supplementary cause list, as fresh.

Order Date :- 04.07.2016.

Vinod.