ARUN KUMAR TYAGI, J. (ORAL)
(The case has been taken up for hearing through video conferencing.)
CRM-W-754-2021
1. Prayer in the application filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') is for preponing the main petition i.e. CRWP-10763-2020 which is fixed for 31.08.2021 to some early date.
2. Learned State Counsel has no objection if the application is allowed.
3. In view of the reasons mentioned in the application and no objection from learned State Counsel, the application is allowed and the main case is pre-poned for today itself.
CRM-W-755-2021 in/and CRWP-10763-2020
4. The petitioner, being minor girl aged seventeen and half years, filed the present petition under Article 226/227 of the Constitution of India through her next friend Vinit for issuance of a writ for directing respondents No. 2 to 4 to protect her life and liberty from danger at the hands of respondents No. 5 to 7.
5. Vide order dated 23.12.2020, the petitioner was ordered to be kept in Ashiana, Sector – 15, Chandigarh till further orders to the contrary.
6. The petitioner has now filed the present application under Section 482 of the Cr.P.C. for directing Incharge of Ashiana, Sector 15 Chandigarh to release the petitioner and allow her to go to the place and person of her own choice, as the petitioner has now attained the age of majority.
7. As per her Aadhar Card the date of birth of the petitioner is 28.06.2003 and the petitioner has already attained majority. The petitioner being major is entitled to live at any place with any person of her choice.
8. The petitioner Aanchal has also been produced before this Court from Ashiana, Sector 15 Chandigarh through Whats app call and on being asked she has stated that she wants to go with her next friend Vinit.
9. In view of the above, respondent No. 8 – Senior Superintendent of Police, Chandigarh and Incharge, Ashiana, Sector – 15, Chandigarh are directed to release the petitioner and to allow her to go with her next friend Vinit.
10. The petition is disposed of accordingly.
11. A copy of this order be supplied to learned Additional Public Prosecutors for U.T. Chandigarh and be also sent to respondent No. 8 – Senior Superintendent of Police, Chandigarh and Incharge, Ashiana, Sector – 15, Chandigarh for requisite compliance.
