Neutral Citation No. - 2025:AHC-LKO:40525 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 129 of 2025 Petitioner :- Anjali (Minor) Thru. Her Mother Gyanmati Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Laxmi Kant Ojha,Avinash Sharma,Gaurav Pandey Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the petitioner and learned AGA for the State of U.P. and perused the record. 2. According to the Office report, 30.06.2025, service of notice upon opposite party No.4 is sufficient. However, today when the case called out, neither opposite party No.4 nor Advocate, if any, engaged by him has appeared before this Court to oppose the instant petition. 3. In view of aforesaid background of the case, this Court proceeded to decide the case on merits. 4. The record indicates that an FIR was lodged on 26.01.2025 at P.S.-Jamo, District-Amethi as Case Crime No. 020 of 2025 under Section(s) 87, 137(2) of BNSS 2023 by the petitioner alleging therein that the opposite party No.4 enticed away minor victim/detenu on 05.04.2010. 5. The prosecution upon recovery of detenu/victim recorded her statement as required under Section 180 of BNSS 2023 and thereafter statement was also recorded before the Magistrate concerned in terms of Section 183 BNSS 2023. According to these statements, the victim, as appears from the record, was aged about 18 years and 5 months and on 25.01.2025 on her own volition accompanied the opposite party No. 4 and solemnised the marriage with opposite party No. 4. 6. Further, according to statement of victim/detenu her date of birth mentioned in the FIR as also in the present petition is incorrect and correct date of birth is 28.09.2006. 7. The aforesaid date of birth has been disputed by the learned counsel for the petitioner on the basis of Anneuxre No.3, copy of the mark sheet of Class-IV issued by Kalawati Indian Future Public School and copy of Family Register. Over these documents no date has been mentioned. It appears, that both these documents have been obtained with oblique motive. 8. In view of aforesaid, this Court is of the view that the victim is major and is living with her own volition. 9. Taking note of aforesaid, this Court is not inclined to entertain the present petition. It is accordingly dismissed. 10. Before parting, it would be apt to mention that any observation made with regard to the date of birth of victim would not construe any finding on the date of birth, which would be subject to the evidence adduced on this aspect before the trial Court. Order Date :- 16.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench