Khanu vs Akbar and Others

Khem Karan, J.—Heard Sri S. R. Rizvi, the learned Counsel for the Petitioner and Sri Jagdish Prasad Mauriya, the learned Counsel for the opposite parties and perused the record including the order dated 30.5.2000 passed in this case.

The Petitioner Khanu, father of Najma appears to have lodged F.I.R. against Akbar and others to the effect that they kidnapped Najma, aged about 13 years and were keeping her in wrongful confinement. The matter appears to be under police investigation.

In the meantime, the Petitioner filed this present habeas corpus petition alleging that Najma is being wrongfully confined by the opposite parties. It appears that in compliance with the order of this Court, in this petition, Najma and Akbar appeared before the Court on 30.5.2000 and she said that Akbar was her husband.

Counter-affidavit has been filed to the effect that Najma is aged about 19 years and she is legally wedded wife of opposite party No. 1. Medical certificate about the age of Petitioner obtained from the C.M.O., Badaun, is being filed by the opposite parties for saying that Najma is 19 years.

The father of Najma has not filed any rejoinder-affidavit, to controvert the assertion made in the counter-affidavit that Najma is 19 years.

The learned Counsel for the Petitioner has contended that Akbar and Najma should be directed to appear before the Investigating Officer for medical examination of Najma for purpose of ascertaining the age of the Petitioner. In reply to it, the learned Counsel for the opposite parties has submitted that once this Court finds that Najma is not in wrongful confinement and is apparently 19 years of age as opined by one of the doctor, no further direction can be given and the habeas corpus petition deserves to be dismissed.

After considering the respective submissions and the material on record, I am of the view that this habeas corpus petition deserves to be dismissed because the lady, namely, Najma has herself said before this Court that the opposite party No. 1 Akbar is her husband and because she is said to be legally wedded wife of Akbar and appears to be of 19 years of age as per the medical report submitted by the C.M.O., Badaun. The investigation is going on and it is expected that Najma and all concerned will co-operate with the investigating agency and the power of the Investigating Officer as he may have under the law will not be fettered by the order, that is being passed in this habeas corpus petition. In other words, if the Investigating Officer finds it that further medical examination is needed in connection with the investigation of the case he will be free to exercise his power as these may be with him for ascertaining the truth as is contained in the F.I.R.

In these circumstances, the habeas corpus petition is dismissed.