AKRAM KHANversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 29362 of 2025

Akram Khan
                                                           .....Petitioner(s)
                                   Versus

State Of U.P. And 2 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)                        :   Suresh Singh
Counsel for Respondent(s)                        :   G.A.

Court No. - 47
                          HON'BLE J.J. MUNIR, J.
                          HON'BLE TARUN SAXENA, J.

1. In compliance with our orders, the Superintendent of Police, Sambhal

has filed an affidavit of compliance and sent along the prosecutrix. He has

written a saga of his efforts that he put in most valiantly to recover the

prosecutrix. The prosecutrix has been produced and has already made a

statement before the learned Judicial Magistrate, where she has stated that

she left home because the petitioner, her father, wanted to marry her off

and that she wants to marry a boy of her choice, Ritik whom she loves.


2. Now, learned Counsel for the petitioner, at this stage, brings it to our

notice that the prosecutrix is a matriculate and, in her high school

certificate, issued by the U.P. Board of High School and Intermediate

Education, her date of birth is 10.07.2009. She would, therefore, turn

eighteen on 10.07.2027. She is still about fourteen months shy of attaining

the age of majority. Nevertheless, since a definitive stand was taken

before the Magistrate and the prosecutrix is available before the Court, we

also consider it our duty, before making any orders, that we ascertain her

stand viva voce:

     "्ऺश्न: आपका नाम ?
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     उ्तर: सोनम ।


     ्ऺश्न: आपके िपताजी का नाम ?


     उ्तर: अकरम ।


     ्ऺश्न: आप इतने िदन कहाँ पे थीं ?


     उ्तर: इधर उधर स्टेशन पे ।


     ्ऺश्न: िकसी के साथ तो नहीं रह रही थी इतने िदन ?


     उ्तर: नहीं सर ।


     ्ऺश्न: आप अपने माता िपता के साथ जाएँ गी ?


     उ्तर: नहीं ।


     ्ऺश्न: क्यों नहीं जाना चाहती हैं ?


     उ्तर: मैं ऋितक से प्यार करती हूँ और मेरे घर वाले मुझे जान से मरना चाहते हैं ।


     ्ऺश्न: आप िकस्से शादी करना चाहती हैं ?


     उ्तर: ऋितक के साथ ।


     ्ऺश्न: देिखये आप आठरह साल की नहीं हैं तो आप अकेली नहीं रह सकती आप कहाँ रहना चाहती हैं ?


     उ्तर: ऋितक के साथ ।"


3. In the circumstances, that the prosecutrix is a minor, who has still

thirteen or fourteen months to go before she attains the age of majority on

one hand and on the other she fears for her life, if sent back to her parents,

we are of opinion that in the exercise of our parens patriae jurisdiction

and the interest of justice, we order to house the prosecutrix in the Rajkiya

Bal Griha Balika, B-11, Sector 62, Noida, Gautam Buddh Nagar (for

short, Bal Griha) forthwith.


4. During her stay there, the petitioner will not be at liberty to meet the

prosecutrix without leave of the learned District Judge, Gautam Buddh

Nagar and good cause shown for the purpose.
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5. The Chief Medical Officer, Gautam Buddh Nagar is ordered to depute

a lady doctor twice a week to the Bal Griha to ensure that the prosecutrix,

during her stay at the Bal Griha, is in good health, both mental and

physical.


6. The learned District Judge, Gautam Buddh Nagar is directed to depute

a lady Judicial Officer who will visit the Bal Griha once a month and

ascertain from the prosecutrix if she has any difficulty in staying there.

Whatever difficulty the prosecutrix faces, if at all, the lady Judicial

Officer concerned shall remedy it immediately.


7. If, for some reason, it is beyond the competence or authority of the lady

Judicial Officer to remedy the difficulty which the prosecutrix faces, the

learned District judge, Gautam Buddh Nagar will immediately remedy the

problem upon a report received from the lady Judicial Officer.


8. The Superintendent, Rajkiya Bal Griha Balika, B-11, Sector 62, Noida,

Gautam Buddh Nagar shall take care that the prosecutrix is well cared for

and there is no misbehaviour with her, of any kind, during her stay. She

should receive a friendly atmosphere in the Bal Griha.


9. The prosecutrix will stay in the Bal Griha until 10.07.2027 and, on that

day, she will be set at liberty to go wherever she likes and with

whomsoever she wants, including Ritik. If any one wishes to meet the

prosecutrix, apart from her family members, it will be subject to the

prosecutrix's consent and upon information being furnished to the District

judge, Gautam Buddh Nagar.


10. The prosecutrix will be delivered into the custody of the

Commissioner of Police, Prayagraj by the Court Officer, who will
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                                    immediately arrange her safe and comfortable passage to Gautam Buddh

                                    Nagar and to the Bal Griha there.


                                    11. The Superintendent of the Bal Griha will take necessary steps, as

                                    already directed to house the prosecutrix in it.


                                    12. The petition is decided in terms of the aforesaid orders.


                                    13. Let this order be communicated to the Commissioner of Police,

                                    Prayagraj through the learned Chief Judicial Magistrate, Prayagraj and the

                                    Superintendent of Police, Sambhal through the learned Chief Judicial

                                    Magistrate, Sambhal by the Registrar (Compliance) today.


                                    14. Let this order be also communicated to the learned District Judge,

                                    Gautam Buddh Nagar, the Superintendent, Rajkiya Bal Griha Balika, B-

                                    11, Sector 62, Noida, Gautam Buddh Nagar and the Chief Medical

                                    Officer, Gautam Buddh Nagar through the learned Chief Judicial

                                    Magistrate, Gautam Buddh Nagar by the Registrar (Compliance) today.



                                                                            (Tarun Saxena,J.) (J.J. Munir,J.)
                                    May 18, 2026
                                    Prashant D.




Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad