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2021 Supreme(All) 1459

SURYA PRAKASH KESARWANI, SHAMIM AHMED
Tanya Pandey – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shivkumari Chauhan, M.S. Chauhan.

JUDGMENT :

1. Heard Sri M.S. Chauhan, learned counsel for the petitioner and Sri Patanjali Mishra, learned A.G.A.-I, for respondent nos. 1 to 5.

2. This writ petition has been filed seeking the following reliefs:-

    "(A) Issue a writ, order or direction in the nature of Habeas Corpus to set the corpus free at her liberty from illegal detention of respondent no. 5.

(B) issue a writ, order or direction in the nature of mandamus commanding the respondents to handover the custody of corpus to the petitioner."

3. This writ petition has been filed on behalf of petitioner (corpus) through Smt. Usha Devi mother of the accused Ravishankar Thakur against whom F.I.R. No. 0050 dated 25.04.2020 under Section 363/366 I.P.C. was lodged. During course of the investigation Section 176(3) I.P.C. and Section 5(j)(ii), and 5(1)/6 of the POCSO Act were also added. As per the statement of the corpus recorded on 07.08.2020 under Section 164 Cr.P.C. in which she had stated her age to be 16 years. As per F.I.R. version the age of the corpus is 15 years. The corpus was sent in the custody of Superintendent, Balika Grih Social Welfare Society, district Mau by order dated 31.7.2020 passed by Chairman, Child Welfare

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