Pratap Giri v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (HC) No. 3 of 2019
1. Pratap Giri, son of Shyam Giri, aged about 45 years.
2. Harsh Giri, son of Pratap Giri, aged about 22 years. Both are resident of Village Jakhaura, Post Office-Jakhaura-Garautha, District Jhansi (U.P.) ---- Petitioners
Versus
1. State of Chhattisgarh Through the Collector, Balodabazar, District BalodabazarBhatapar (C.G.)
2. Raghunandan Yadav, son of Siaram, aged about 42 years, resident of 03 Latawa Road, Ward No.9, Purani Basti, Balodabazar, Police StationBalodabazar, District Balodabazar-Bhatapara (C.G.)
3. Mrs. Rinki, wife of Harsh Giri, aged about 18 years, resident of 03 Latawa Road, Ward No.9, Purani Basti, Balodabazar, Police Station-Balodabazar, District Balodabazar-Bhatapara (C.G.)
4. Superintendent of Police, Balodabazar, Police Station Balodabazar, District Balodabazar (C.G.) ---- Respondents For Petitioners :
Shri Sudhir Verma and Shri C.R. Sahu, Advocates. For Respondents/State :
Ms. Richa Shukla, Deputy Government Advocate. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 13.03.2019 1.
Heard learned counsel for the Petitioners and the learned Deputy Government Advocate for the State.
2.
On 06.03.2019, the Court ordered constitution of a Medical Board under the supervision of the Superintendent of Chhattisgarh Institute of Medical Sciences,
Bilaspur, since there was no clarity as to the age of Respondent No.3 namely, Rinki Yadav.
3.
The Medical Board's opinion has now been produced before the Court in a sealed cover. They assess the age of the Respondent No.3 between 18 to 20 years plus and minus 1 or 2 years.
4.
In view of the above, Rinki Yadav is free to go and live where she wants treating her to be a major who is entitled to make her own decision. 5.
The Officer Incharge, Balodabazar is directed to escort Rinki Yadav to the place of her liking.
6.
Habeas Corpus petition stands disposed off.
Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Brijmohan