Court No. - 1 Case :- HABEAS CORPUS WRIT PETITION No. - 224 of 2025 Petitioner :- Savitri Thru. Her Husband Aman Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Anand Kumar Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Heard learned counsel for the petitioner. The medical examination of the detenue as well as the statements recorded under Sections 180/183 BNSS are contrary to what is mentioned in the educational record. The Juvenile Justice Board having regard to the date of birth recorded in the educational record has passed the impugned order on 02.05.2025 whereby the detenue-petitioner has been sent to the shelter home. It is against this order that a habeas corpus petition has been instituted by the detenue herself. The contention put-forth before us is that the age on the basis of medical examination as well as the statements of the detenue are contrary to what has been recorded in the educational record. We are not oblivious of the fact that the age of the newly admitted student in the educational record many a times is recorded on the basis of oral information tendered by the parents for one reason or the other. Sometime it is less than the actual age of a person. This is an unusual practice which the law does not recognize but some times such a fact is belied when the medical report as is the case at hand reflects otherwise. Be that as it may, the Juvenile Justice Board ought to have considered such an aspect of the matter as well. The medical record in all the cases cannot be brushed aside for taking a rigid view of the matter particularly when on an ocular estimation of the growth and development of a person to express her consent is higher in order. All these aspects have to be taken into consideration by the Juvenile Justice Board while adjudicating upon such issues coming before it. In the present case, however; due application of mind by the Juvenile Justice Board on such a vital aspect of the matter is lacking which led this Court to record all the above facts. Learned A.G.A has submitted that as against the order passed by the Juvenile Justice Board on 02.05.2025, an appeal lies under Section 101 Juvenile Justice Act before the District Judge, therefore, the matter may be relegated to the competent court on account of an alternative and efficacious remedy being available. It is further submitted that the present habeas corpus petition technically would not be maintainable as against the order passed by the judicial authority once the detention of the petitioner is legitimized by a competent court of law. The submission put-forth does have force. Keeping the objections raised before us we hereby provide that the petitioner may avail of the alternative remedy of appeal before the appellate authority and in case any such appeal is instituted within a period of one week from today, the same shall be considered and decided expeditiously not later than a period of two weeks from the date of institution of appeal. The petition is accordingly disposed of. (Subhash Vidyarthi,J. ) (Attau Rahman Masoodi,J.) Order Date :- 16.6.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench