SMT. POOJA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/17630/2025 · 2025-07-02
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60692 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60692 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:103259-DB Court No. - 21 Case :- WRIT - C No. - 17630 of 2025 Petitioner :- Smt. Pooja And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manisha Singh,Pankaj Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The first petitioner is stated to be lodged in a Child Welfare Home at, NOIDA. This was in view of the fact that after recordal of her statement in connection with Case Crime No.0313 of 2023, under Sections 336, 366 and 120B I.P.C. she refused to accompany her parents. The Child Welfare Committee, Aligarh on 27.01.2024
directed for medical examination of the first petitioner to ascertain her age. The case of the petitioner is that medical examination was got conducted in pursuance of the aforesaid order, and wherein her age was found to be 17 years at the time of her medical examination. The case of the petitioner is that since thereafter she has attained the age of majority, thus entitled to be released from the Rajkiya Bal Grah (Balika) Sector 62, Noida, Gautambudh Nagar.
2. We find that in various documents different dates are mentioned as date of birth of the petitioner, and therefore, we are of the opinion that the issue requires consideration by the Child Welfare Committee.
3. As prayed, by learned counsel for the petitioner, the petitioners are permitted to move appropriate application before the Child Welfare Committee (respondent No.2) and in the event, any such application is filed, the same shall be decided by respondent No.2 within four weeks.
Order Date :- 3.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad