Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 226 of 2010 Petitioner :- Vijaypal @ Brijpal Respondent :- State Of U.P. & Others Petitioner Counsel :- Irshad Ahmad Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard counsel for the petitioner and learned A.G.A. for the
State.
The order dated 7.10.2009 passed by Additional Chief
Judicial Magistrate , Court No. 1 Moradabad, is impugned
in the instant writ petition, whereby the custody of alleged
kidnapped girl has been handed over to the parents.
Submission is that the statement under Section 161 Cr.P.C.
was recorded and she expressed her desire to go with the
petitioner because she has married him.
However, there is finding of the learned Magistrate that
according to the High School Certificate , the date of birth
of the victim is 6th April 1993 and her age on the date of
order is 16 years, therefore in view of these facts she is
minor and natural parents are legal guardian . Therefore, I
do not find any illegality in the impugned order. The writ
petition lacks merit and is dismissed.
Order Date :- 8.1.2010
Iss