Shajia & ANR v. The State Govt Of NCT Of Delhi & ORS

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 669/2018 SHAJIA & ANR ... Petitioners Represented by:

Mr.M.K.Perwez with Mohd.

Kajim, Advocates versus THE STATE GOVT OF NCT OF DELHI & ORS ... Respondents Represented by:

Mr.Rajesh Mahajan, ASC for the State with SI Anup Rana, PS Uttam Nagar Mr.Zal Singh Thakur and Mr.Prabhash, Advocates for respondents No.3 & 4

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.04.2018 Crl.M.A.4044/2018(exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 669/2018 Petitioners have filed this petition seeking protection on the ground that they are major and have married of their own free will contrary to the wishes of respondents No.3 and 4.

On a notice being issued, a Status Report has been filed. As per the Status Report, the date of birth of petitioner No.1 recorded in the school she first attended is 1st September, 2010. Learned ASC for the State thus submits that on the date of alleged incident, i.e. 10th January, 2018, the petitioner No.1 was not a major and was just 17 years of age. W.P.(CRL) 669/2018

Further, the petitioners have stated that they are residing in Mohan Garden, Uttam Nagar, which learned ASC on instructions from the Investigating Officer submits that the address given is incorrect and petitioners were not found present there.

Considering the fact that petitioner No.1 was not a major when the alleged offence was committed and as stated by learned counsel for the petitioners the petitioners have already availed of the protection from the Allahabad High Court at U.P. and further that the petitioners are not providing their correct address, this Court does not find any ground to issue directions to grant protection to the petitioners. Petition is dismissed.

MUKTA GUPTA, J.

APRIL 23, 2018 'rk'

W.P.(CRL) 669/2018