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D. Y. CHANDRACHUD, YASHWANT VARMA
ALI MOHAMMAD – Appellant
Versus
STATE OF U. P. – Respondent
By the Court.—This special appeal has arisen from a judgment and order of the learned Single Judge dated 5 August 2015. The writ petition upon which the order of the learned Single Judge was passed was instituted in the form of a habeas corpus petition, in the name of Km. Naziya Bano, daughter of Jalaluddin (described as the corpus) and by Jalaluddin as the father. In the petition, the plea which was set up was that Naziya Bano was born on 18 March 2000 and appeared at the Class 10 Examination in 2015. In proof of the date of birth, reliance was placed on the High School Certificate and on a registration for Class 9 in 2013-14 by the Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad. The case which was set up was that in the month of April 2015, the appellant (impleaded as the fourth respondent to the writ petition) took the help of certain other persons from the village and is purported to have married the girl on the basis of a notarial affidavit stating her age as 20 years. A First Information Report was said to be lodged with the Station House Officer who declined to register the FIR. The Senior Superintendent of Police, Varanasi was thereafter moved. On this factual
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