Kamlesh And Another vs State Of U.P. Thru. Prin. Secy. Deptt. Of Home

"1. Supplementary affidavit filed by learned counsel for the petitioners is taken on record.

2. Heard.

3. This Court had passed the following order on 15.09.2025:- "1. Supplementary affidavit filed by learned counsel for the petitioners and short counter affidavit filed on behalf of the respondent nos. 2 to 4 along with Vakalatnama filed by Shri Mohd. Salman, Advocate on behalf of the respondent nos. 2 to 4 are taken on record. The petitioners and the respondent no. 4 are present-in-person.

2. Heard Shri Salik Ram Tiwari, learned counsel for the petitioners, learned AGA for the State and Shri Mohd. Salman, learned counsel for the respondent nos. 2 to 4.

3. Learned counsel for the petitioners submits that father of the petitioner no. 2 had died and thereafter, the mother of the petitioner no. 2 married to some 2 CRLP No. 8356 of 2025 other person and is residing in Mumbai leaving three children, therefore the petitioner no. 2 and her two brothers are residing with her matrimonial uncle and aunt. The petitioner no. 2 had some affection with the petitioner no. 1,who was working somewhere, for the last two years, on account of which, the petitioner no. 2 had left her house and married to the petitioner no.1 and the petitioner no. 2 is also pregnant as per the report of the concerned P.H.C., which has been received two days ago. He further submits that the petitioner no. 2 is major as per the school leaving certificate dated 18.09.2020 annexed with the petition as Annexure no. 2. As per said leaving certificate, her date of birth is 15.04.2006, but the impugned FIR has been lodged on account of the fact that the petitioner no. 2 had left the house of the respondent no. 4 for marrying to the petitioner no. 1 as she was was not ready for the marriage.

4. Learned counsel for the respondent no. 4 submits that the petitioner no. 2 is minor as per the school leaving certificate dated 22.08.2025 annexed by him along with the short counter affidavit as Annexure No. C.A. 1, according to which her date of birth is 08.03.2009. According to the said school leaving certificate, the petitioner no. 2 had left the school in March, 2018. Thus, the submission is that the FIR has rightly been lodged.

5. Learned AGA for the State, on the basis of instructions, submits that in the statement of the petitioner no. 2 recorded under Section 180 and 183 BNSS, she has supported the prosecution version and she had stated that she was minor. He also stated that as per the radiological age of the petitioner no. 2, she is between 16-17 years of age.

6. At this stage, on a query from the petitioner no.2, she stated that her statement under Section 180 and 183 BNSS have been got got recorded by the respondent no.4 by forcing her under her influence, otherwise, she on her own had left the house and is wiling to live with the petitioner no. 1.

7. Learned counsel for the petitioners submits that on account of the contradiction in the age of the petitioner no. 2 in the documents produced by the parties as well as the radiological age, the petitioner no. 2 is entitled for the benefit of the same. He prays for some time to argue the matter.

8. As prayed, list on 23.09.2025, on which date the petitioners as well as respondent no. 4 shall again appear before this Court. 3 CRLP No. 8356 of 2025

9. The Investigation Officer shall also appear along with the case diary.

10. Till the next date of listing, no coercive action shall be taken against the petitioner no. 1 in pursuance of the F.I.R No. 0242 of 2025, under Sections 65(1), 352, 351(2) Bhartiya Nyaya Sanhita, 2023 and Sections 5 and 6 Protection of Children from Sexual Offences Act, 2012."

4. In deference to the aforesaid order, the petitioner nos.1 and 2 and respondent no.4 are present in person. The Investigating Officer is also present in person alongwith the Case Diary.

5. Learned AGA, on the basis of instructions and Case Diary produced by the Investigating Officer, submits that transfer certificate filed by the petitioner as Annexure No.2, though is available in the concerned school, but the admission of the petitioner no.2 was done in the said school showing her In-Home- Education, whereas prior to that, she had studied upto Class 5th in Primary School, Madhupur, which has been placed on record by the respondent no.4 alongwith the short counter affidavit, which is also in the records of the concerned school. Accordingly, the submission is that the date of birth recorded in the Primary School, Madhupur, as 08.03.2009, would be the correct date of birth, which was got recorded by the parents because subsequent date of birth i.e. 15.04.2006 in transfer certificate of 8th has been got recorded by the maternal aunt(mami), showing her to be studied at home without any basis. He also submits that in the medical examination, the radiological age of the petitioner no.2 has come between 16-17 years and she has also supported the prosecution case in statement under Section 183 BNSS, 2023. Thus, the submission is that the petitioner no.2 is minor in age and cannot be allowed to go with the petitioner no.1.

6. On a query from the petitioner no.2 Ms. Priya Gautam, she states that she was residing with her maternal uncle and aunt. Her maternal uncle is not doing anything, therefore, she had to work as agricultural labour for survival of herself and her two minor brothers, who are residing with the maternal aunt. Thus, she states that she now does not want to go with the maternal aunt, therefore, this Court has no option, except to send the petitioner no.2/ victim who is minor in age and pregnant and no means of livelihood, to the Government Child(Girls) Protection Home. Thus, the petitioner no.2 shall be send to the Government Child (Girls) Protection Home, Sindhi Khera, Para, 4 CRLP No. 8356 of 2025 Lucknow.

7. The Senior Registrar of this Court is directed to ensure that the petitioner no.2 is lodged in the Government Child (Girl) Protection Home, Sindhi Khera, Para, Lucknow today itself and the report shall be submitted by the concerned Superintendent of the Child Protection Home to the Senior Registrar of this Court today itself that she has been lodged in the concerned Protection Home today itself.

8.The Superintendent of the aforesaid Child Protection Home is directed to take due care of the petitioner no.2 and shall ensure all medical facilities, as may be required etc., as she is pregnant having a pregnancy of 13 weeks, as per the reports filed before this Court.

9. Sri Onkar Singh, Sub Inspector and Ms. Jamintri, Head Constable posted in the High Court premises have been called, who have taken custody of the petitioner no.2, who shall report to the Senior Registrar of this Court forthwith.

10. The Senior Registrar of this Court is also directed to facilitate the lodging of the petitioner no.2 in the aforesaid Government Protection Home as per directed.

11. Learned AGA and learned counsel for the respondent no.4 pray for and are granted two weeks time to file counter affidavit.

12. List on 08.10.2025, on which date, the Superintendent of the Child Protection Home shall submit a report in regard to the petitioner no.2.

13. Interim protection granted earlier by this Court shall continue till the next date of listing. However, the Investigating Officer shall complete the investigation and forward the report.

14. The Superintendent of Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow shall also ensure the counselling of the petitioner no.2 and on the next date, the petitioner no.2 shall be produced before this Court. For the said purpose, he/she may take assistance of the concerned police station.

15. Office is directed to provide a copy of this order to the learned counsel for 5 CRLP No. 8356 of 2025 the parties today itself as per Rules."

3. In deference to the aforesaid order, petitioner no.2-Priya Gautam, who has been brought by HC 2934 Anjana Tiwari and Constable 4294 Manita, Police Lines, Lucknow from Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow, has been produced before this Court.

4. On a query from petitioner no.2-Priya Gautam, who is present in person, she states that she has no difficulty in Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow and also she has no objection in case she is directed to remain there.

5. Learned AGA has filed counter affidavit on behalf of the State, which is taken on record. He submits that during investigation, the Investigating Officer has not found involvement of co-accused Ajay son of Avadhesh in the crime, therefore, his name has been dropped, however, since incriminating evidence has been found against petitioner no.1- Kamlesh Kumar and co-accused Akhilesh Kumar and Avadhesh Kumar, therefore, the Investigating Officer has prepared charge-sheet, bearing No.197 of 2025 dated 01.10.2025, against them and forwarded it to the Supervisory Authority. Thus, the present writ petition has lost its efficacy.

6. In deference of the aforesaid order dated 23.09.2025, Superintendent of Government Child (Girls) Protection Home, Sindhi Khera, Lucknow has sent a report dated 06.10.2025 annexing therewith the medical report of petitioner no.2, in which she has been found pregnant as well as counselling report, according to which counselling of petitioner no.2 has been done.

7. Learned Counsel for the petitioners, on the other hand, submits that the present writ petition in so far as it relates to petitioner no.1-Kamlesh Kumar has lost its efficacy. However, in so far as petitioner no.2-Priya Gautam is concerned, the present writ petition may be disposed of with a direction to the Superintendent, Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow, to produce the petitioner no.2-Priya Gautam before Child Welfare Committee, Lucknow so that the Child Welfare Committee may pass appropriate orders with regards to welfare of the petitioner no.2-Priya Gautam and her custody and release in future. 6 CRLP No. 8356 of 2025 To which learned AGA and learned Counsel for the opposite party no.4 have no objection.

8. In view of above, the present writ petition is disposed of with a direction to the Superintendent of Government Child (Girls) Protection Home, Sindhi Khera, Para, to produce the petitioner no.2-Priya Gautam before the Child Welfare Committee, Lucknow within a period of two weeks from today and custody of petitioner no.2-Priya Gautam with the Government Child (Girls) Protection Home (Supra) shall be subject to further orders passed by the Child Welfare Committee, Lucknow.

9. We hope and trust that Child Welfare Committee, Lucknow shall ensure welfare in all respect of petitioner no.2-Priya Gautam looking into her medical condition.

10. HC 2934 Anjana Tiwari and Constable 4294 Manita, Police Lines, Lucknow, who have brought the petitioner no.2-Priya Gautam from Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow, are directed to take back petitioner no.2-Priya Gautam to Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow forthwith and lodge in the Protection Home safely.

11. The Senior Registrar of this Court is directed to communicate a copy of this order to the Child Welfare Committee, Lucknow as well as the Superintendent of Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow, forthwith, for information and compliance. October 8, 2025 Ajit (Zafeer Ahmad,J.) (Rajnish Kumar,J.) AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

"1. Supplementary affidavit filed by learned counsel for the petitioners is taken on record.

2. Heard.

3. This Court had passed the following order on 15.09.2025:- "1. Supplementary affidavit filed by learned counsel for the petitioners and short counter affidavit filed on behalf of the respondent nos. 2 to 4 along with Vakalatnama filed by Shri Mohd. Salman, Advocate on behalf of the respondent nos. 2 to 4 are taken on record. The petitioners and the respondent no. 4 are present-in-person.

2. Heard Shri Salik Ram Tiwari, learned counsel for the petitioners, learned AGA for the State and Shri Mohd. Salman, learned counsel for the respondent nos. 2 to 4.

3. Learned counsel for the petitioners submits that father of the petitioner no. 2 had died and thereafter, the mother of the petitioner no. 2 married to some 2 CRLP No. 8356 of 2025 other person and is residing in Mumbai leaving three children, therefore the petitioner no. 2 and her two brothers are residing with her matrimonial uncle and aunt. The petitioner no. 2 had some affection with the petitioner no. 1,who was working somewhere, for the last two years, on account of which, the petitioner no. 2 had left her house and married to the petitioner no.1 and the petitioner no. 2 is also pregnant as per the report of the concerned P.H.C., which has been received two days ago. He further submits that the petitioner no. 2 is major as per the school leaving certificate dated 18.09.2020 annexed with the petition as Annexure no. 2. As per said leaving certificate, her date of birth is 15.04.2006, but the impugned FIR has been lodged on account of the fact that the petitioner no. 2 had left the house of the respondent no. 4 for marrying to the petitioner no. 1 as she was was not ready for the marriage.

4. Learned counsel for the respondent no. 4 submits that the petitioner no. 2 is minor as per the school leaving certificate dated 22.08.2025 annexed by him along with the short counter affidavit as Annexure No. C.A. 1, according to which her date of birth is 08.03.2009. According to the said school leaving certificate, the petitioner no. 2 had left the school in March, 2018. Thus, the submission is that the FIR has rightly been lodged.

5. Learned AGA for the State, on the basis of instructions, submits that in the statement of the petitioner no. 2 recorded under Section 180 and 183 BNSS, she has supported the prosecution version and she had stated that she was minor. He also stated that as per the radiological age of the petitioner no. 2, she is between 16-17 years of age.

6. At this stage, on a query from the petitioner no.2, she stated that her statement under Section 180 and 183 BNSS have been got got recorded by the respondent no.4 by forcing her under her influence, otherwise, she on her own had left the house and is wiling to live with the petitioner no. 1.

7. Learned counsel for the petitioners submits that on account of the contradiction in the age of the petitioner no. 2 in the documents produced by the parties as well as the radiological age, the petitioner no. 2 is entitled for the benefit of the same. He prays for some time to argue the matter.

8. As prayed, list on 23.09.2025, on which date the petitioners as well as respondent no. 4 shall again appear before this Court. 3 CRLP No. 8356 of 2025

9. The Investigation Officer shall also appear along with the case diary.

10. Till the next date of listing, no coercive action shall be taken against the petitioner no. 1 in pursuance of the F.I.R No. 0242 of 2025, under Sections 65(1), 352, 351(2) Bhartiya Nyaya Sanhita, 2023 and Sections 5 and 6 Protection of Children from Sexual Offences Act, 2012."

4. In deference to the aforesaid order, the petitioner nos.1 and 2 and respondent no.4 are present in person. The Investigating Officer is also present in person alongwith the Case Diary.

5. Learned AGA, on the basis of instructions and Case Diary produced by the Investigating Officer, submits that transfer certificate filed by the petitioner as Annexure No.2, though is available in the concerned school, but the admission of the petitioner no.2 was done in the said school showing her In-Home- Education, whereas prior to that, she had studied upto Class 5th in Primary School, Madhupur, which has been placed on record by the respondent no.4 alongwith the short counter affidavit, which is also in the records of the concerned school. Accordingly, the submission is that the date of birth recorded in the Primary School, Madhupur, as 08.03.2009, would be the correct date of birth, which was got recorded by the parents because subsequent date of birth i.e. 15.04.2006 in transfer certificate of 8th has been got recorded by the maternal aunt(mami), showing her to be studied at home without any basis. He also submits that in the medical examination, the radiological age of the petitioner no.2 has come between 16-17 years and she has also supported the prosecution case in statement under Section 183 BNSS, 2023. Thus, the submission is that the petitioner no.2 is minor in age and cannot be allowed to go with the petitioner no.1.

6. On a query from the petitioner no.2 Ms. Priya Gautam, she states that she was residing with her maternal uncle and aunt. Her maternal uncle is not doing anything, therefore, she had to work as agricultural labour for survival of herself and her two minor brothers, who are residing with the maternal aunt. Thus, she states that she now does not want to go with the maternal aunt, therefore, this Court has no option, except to send the petitioner no.2/ victim who is minor in age and pregnant and no means of livelihood, to the Government Child(Girls) Protection Home. Thus, the petitioner no.2 shall be send to the Government Child (Girls) Protection Home, Sindhi Khera, Para, 4 CRLP No. 8356 of 2025 Lucknow.

7. The Senior Registrar of this Court is directed to ensure that the petitioner no.2 is lodged in the Government Child (Girl) Protection Home, Sindhi Khera, Para, Lucknow today itself and the report shall be submitted by the concerned Superintendent of the Child Protection Home to the Senior Registrar of this Court today itself that she has been lodged in the concerned Protection Home today itself.

8.The Superintendent of the aforesaid Child Protection Home is directed to take due care of the petitioner no.2 and shall ensure all medical facilities, as may be required etc., as she is pregnant having a pregnancy of 13 weeks, as per the reports filed before this Court.

9. Sri Onkar Singh, Sub Inspector and Ms. Jamintri, Head Constable posted in the High Court premises have been called, who have taken custody of the petitioner no.2, who shall report to the Senior Registrar of this Court forthwith.

10. The Senior Registrar of this Court is also directed to facilitate the lodging of the petitioner no.2 in the aforesaid Government Protection Home as per directed.

11. Learned AGA and learned counsel for the respondent no.4 pray for and are granted two weeks time to file counter affidavit.

12. List on 08.10.2025, on which date, the Superintendent of the Child Protection Home shall submit a report in regard to the petitioner no.2.

13. Interim protection granted earlier by this Court shall continue till the next date of listing. However, the Investigating Officer shall complete the investigation and forward the report.

14. The Superintendent of Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow shall also ensure the counselling of the petitioner no.2 and on the next date, the petitioner no.2 shall be produced before this Court. For the said purpose, he/she may take assistance of the concerned police station.

15. Office is directed to provide a copy of this order to the learned counsel for 5 CRLP No. 8356 of 2025 the parties today itself as per Rules."

3. In deference to the aforesaid order, petitioner no.2-Priya Gautam, who has been brought by HC 2934 Anjana Tiwari and Constable 4294 Manita, Police Lines, Lucknow from Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow, has been produced before this Court.

4. On a query from petitioner no.2-Priya Gautam, who is present in person, she states that she has no difficulty in Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow and also she has no objection in case she is directed to remain there.

5. Learned AGA has filed counter affidavit on behalf of the State, which is taken on record. He submits that during investigation, the Investigating Officer has not found involvement of co-accused Ajay son of Avadhesh in the crime, therefore, his name has been dropped, however, since incriminating evidence has been found against petitioner no.1- Kamlesh Kumar and co-accused Akhilesh Kumar and Avadhesh Kumar, therefore, the Investigating Officer has prepared charge-sheet, bearing No.197 of 2025 dated 01.10.2025, against them and forwarded it to the Supervisory Authority. Thus, the present writ petition has lost its efficacy.

6. In deference of the aforesaid order dated 23.09.2025, Superintendent of Government Child (Girls) Protection Home, Sindhi Khera, Lucknow has sent a report dated 06.10.2025 annexing therewith the medical report of petitioner no.2, in which she has been found pregnant as well as counselling report, according to which counselling of petitioner no.2 has been done.

7. Learned Counsel for the petitioners, on the other hand, submits that the present writ petition in so far as it relates to petitioner no.1-Kamlesh Kumar has lost its efficacy. However, in so far as petitioner no.2-Priya Gautam is concerned, the present writ petition may be disposed of with a direction to the Superintendent, Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow, to produce the petitioner no.2-Priya Gautam before Child Welfare Committee, Lucknow so that the Child Welfare Committee may pass appropriate orders with regards to welfare of the petitioner no.2-Priya Gautam and her custody and release in future. 6 CRLP No. 8356 of 2025 To which learned AGA and learned Counsel for the opposite party no.4 have no objection.

8. In view of above, the present writ petition is disposed of with a direction to the Superintendent of Government Child (Girls) Protection Home, Sindhi Khera, Para, to produce the petitioner no.2-Priya Gautam before the Child Welfare Committee, Lucknow within a period of two weeks from today and custody of petitioner no.2-Priya Gautam with the Government Child (Girls) Protection Home (Supra) shall be subject to further orders passed by the Child Welfare Committee, Lucknow.

9. We hope and trust that Child Welfare Committee, Lucknow shall ensure welfare in all respect of petitioner no.2-Priya Gautam looking into her medical condition.

10. HC 2934 Anjana Tiwari and Constable 4294 Manita, Police Lines, Lucknow, who have brought the petitioner no.2-Priya Gautam from Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow, are directed to take back petitioner no.2-Priya Gautam to Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow forthwith and lodge in the Protection Home safely.

11. The Senior Registrar of this Court is directed to communicate a copy of this order to the Child Welfare Committee, Lucknow as well as the Superintendent of Government Child (Girls) Protection Home, Sindhi Khera, Para, Lucknow, forthwith, for information and compliance. October 8, 2025 Ajit (Zafeer Ahmad,J.) (Rajnish Kumar,J.) AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench