In The Matter Of Regarding Abuse Of ... vs State Of U.P.
2019 Latest Caselaw 5537 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4112 of 2018
 

 
Petitioner :- In The Matter Of Regarding Abuse Of Girls In A Women Shelter Home In Deoria
 
Respondent :- State Of U.P.
 
Counsel for Petitioner :- Suo Moto
 
Counsel for Respondent :- Vijay Chandra Srivastava
 

 
Hon'ble Govind Mathur,Chief Justice
 
Hon'ble Vivek Varma,J.

Heard Sri Syd. Ali Murtaza, learned AGA for the State-respondent.

On basis of a news item appeared in a local newspaper cognizance was taken by a Division Bench of this Court about certain ill-happenings at a shelter home situated in the town of Deoria. From the shelter home aforesaid, certain minor girls were recovered including subject matter before us "V-3" (identification of the girl has not been disclosed in the earlier order passed by this Court). After recovery "V-1" alongwith certain other girls was lodged at unidentified place and from the date of recovery "V-1" is at unidentified destination i.e. "X". By way of filing an affidavit, it is brought to our notice that mother of "V-1" has approached the District Magistrate, Deoria to handover custody of the subject matter to her. The District Magistrate, Deoria (officiating) directed the District Probation Officer concerned to make an inquiry. During the course of that he has obtained residential proof of the parents including Aadhar Card. Copies of the Aadhar Cards so available are also placed on record as Annexure-1. Copies of Aadhar Cards of two other siblings are also placed on record as Annexure-2. Transfer memo dated 9th August, 2018 is also placed on record to substantiate the fact that subject "V-1" is the daughter of the woman, who approached the District Magistrate to have custody of subject "V-1".

Suffice to state that the address given in the transfer memo is not matching with the address given in the Aadhar Card, however, residential proof has otherwise been cross checked. It would also be appropriate to state that the statement as per the provisions of Section 161 Cr.P.C. given by "V-1" was also recorded and in that statement "V-1" has disclosed the name of her father i.e. same as is given in the Aadhar Card. On the basis of material noticed above, an application is filed by Shanti Devi wife of Amarika Mahto, resident of village Siswa Saraiya, Police Station Bairiya, District West Champaran (Bihar) before the District Probation Officer to have an appropriate order with regard to custody of "V-1" to her.

Considering the facts stated in the affidavit sworn in by Sri Prabhat Kumar, District Probation Officer, Deoria, we deem it appropriate to direct the District Magistrate, Deoria to verify all the relevant facts relating to identification of Smt. Shanti Devi and on being satisfied about the claim so made, he may handover custody of "V-1" to her parents.

Order Date :- 8.7.2019

Lbm/-