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1981 Supreme(All) 431

H.N.SETH, M.WAHAJUDDIN
PARVATI DEVI – Appellant
Versus
STATE OF U P – Respondent


H. N. SETH, J.

This petition for a writ of habeas corpus has been filed on behalf of Smt. Parvati Devi and it questions the validity of her confinement in Nari Niketan, Khulda bad, Allahabad, under the orders of Judicial Magistrate, Handa made in connection with crime case No. 78/81 under Section 365 I. P. C. in which Jokhu, the person who has filed the affidavit in support of this petition, is an accused. Briefly stated the facts giving rise to the petition are that the brother and mother of Smt. Parvati Devi lodged a first information report with the police under Section 366 I. P. C. against Jokhu alleging that Jokhu had enticed away Smt. Parvati Devi who was a minor girl. The police arrested Jokhu and also recovered Smt, Parvati Devi from his house. It produced Smt. Parvati Devi before the Judicial Magistrate Handia and prayed for appropriate orders for her custody. The Magistrate took steps to obtain medical report with regard to age of Smt, Parvati Devi and directed that in the meantime she be kept in the Nari Niketan, Khuldabad, Allahabad. Medical examination report as also the X-ray report submitted to the Magistrate indicated that Smt. Parvati Devi was aged between 17 and 1





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