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Neutral Citation No. - 2025:AHC:133919 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 426 of 2025 Petitioner :- Ruchi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brahma Nand Pandey,Rahul Chaudhary Counsel for Respondent :- Arvind Singh, Ravi Prakash Singh,G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned counsel for the respondents no. 4 to 6, learned A.G.A. for the State and perused the record. The present Habeas Corpus Writ Petition has been filed seeking the following reliefs:
"(a) issue a writ, order or direction in the nature of Habeas Corpus writ directing the respondent authorities concerned to produce the (Corpus) Ruchi/petitioner no. 1 before this Hon'ble Court from the illegal possession of the respondent nos. 4 to 6 forthwith in accordance with law as directed by this Hon'ble Court. (b) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities concerned to provide custody of petitioner no. 1 in the custody of petitioner no. 2 forthwith in accordance with law." It has been submitted by learned counsel for the petitioners that the petitioner no.1, Ruchi (corpus) is her minor daughter and has been illegally detained by Respondent nos. 4 to 6.
Learned counsel for the petitioners has relied upon the Admission Register of Primary School, Khanpur, Auraiya wherein the date of birth of the corpus is mentioned as 14.08.2006. However, on the said Admission Register, there is another amended date of birth mentioned as 06.08.2008. On the other hand, the respondents no. 4 to 6 have relied upon the School Admission Register of Maa Karawati Junior High School
of Class VIIIth wherein the date of birth of the corpus is recorded as 14.03.2006. As there are two different school records indicating various dates of birth, therefore, the corpus was referred to the Chief Medical Officer, Auraiya for the Ossification Test. The Ossification Test Report dated 02.08.2025 forwarded by Chief Medical Officer, Auraiya has been placed before the Court wherein the radiological age of the corpus has been determined about 21 years. The Ossification Test Report indicates that the corpus is major, therefore, she is free to go as per her wishes. Accordingly, the Habeas Corpus Writ Petition is dismissed.
Order Date :- 7.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad