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High Court of DelhiW.P.(CRL)/1062/2017

Zeeshan v. NCT Of Delhi & ORS.

2017-04-18Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Ms. Justice Deepa Sharma2 pages

$~12.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1062/2017 ZEESHAN ..... Petitioner Through:

Mr. Parshant Gaur, Advocate.

versus NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel and Mr.Tushar Sannu, Advocate for the State.

Ms. Ritu Mehra, Member, CWC-V, and Ms. Kavita Chaudhary, Welfare Officer, Children Home for Girls/ Sanskar Ashram, along with the girl Layeba.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 18.04.2017 Smt. Rabia @ Layeba has been produced from Children Home for Girls/ Sanskar Ashram. It appears that there is a dispute with regard to her age. Though she claims that she is 21 years of age, according to her parents, she is less than 18 years of age.

Mr. Mehra, who appears for the State points out that the bone-age test of Rabia @ Layeba is slated for 21.04.2017 at G.T.B. Hospital.

The said test be got conducted, as scheduled, and the report be forwarded to the learned Magistrate concerned. Depending on the result of the said bone-age test, the custody of Rabia @ Layeba may be determined by the Trial Court. In case she is found to be major, she shall be set free and she shall be entitled to proceed to live with the petitioner, if she so desires. However, in case she is minor, she shall be kept in the care and protection of the Children Home till she attains the age of majority since she has stated in her statement recorded under Section 164 Cr.P.C that she does not wish to go back to her parents.

Since Rabia @ Layeba has been produced before this Court, this petition does not call for any further orders. The petition stands disposed of.

VIPIN SANGHI, J DEEPA SHARMA, J APRIL 18, 2017 B.S. Rohella