1 325310 IN THE HIGH COURT OF JUDICATURE AT BOMBAY vgm CRIMINAL APELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3253 OF 2010 WITH CRIMINAL APPLICATION NO. 178 OF 2011 Shivprasad Avadhbihari Mishra ...Petitioner V/s. State of Maharashtra & Ors. ...Respondents Mr. C.K. Tripathi for the Petitioner Mr. P.S. Hingorani, A.P.P., for the State Pragati, her father, mother, brothers, uncles and aunt present CORAM: A.M. KHANWILKAR AND P.D. KODE, JJ. DATE: OCTOBER 7, 2011 (In Chambers) P.C.:- The missing girl, Pragati, has been produced before us by the Investigating Officer Mr. S.G. Khairnar, Deputy Superintendent of Police, State C.I.D., Crime. We have interviewed her. According to her, she was born on 18th November, 1993, whereas the petitioner asserts that she was born on 10th August, 1996. In either case, she was minor on the 2 325310 date of incident, i.e., 7th October, 2010. According to Pragati, she accompanied respondent No. 6 out of volition, and not by force or otherwise. In other words, according to her, she was not kidnapped, but she went along with respondent No. 6, as she was married to him on 23rd November, 2010. She submits that she was given to understand that, since she has already completed 17 years and entered into 18 years of age, she was competent to get married to respondent No. 6. Under that mistaken belief, she married with respondent No. 6 on 23rd November, 2010. 2. As aforesaid, from the date of birth stated by the petitioner or, for that matter, given by Pragati herself, it is noticed that Pragati was minor on 7th October, 2010, as also on the date of her marriage with respondent No. 6 on 23rd November, 2010. After the marriage, she was staying with respondent No. 6 at Delhi in a rented house. She has been traced by the Investigating Officer from Delhi, and was found in company of respondent No. 6 in Kotala Gaon, House No. 250, Mayur Vihar, Phase No. II, New Delhi. Respondent No. 6 has been arrested in connection with the offence registered at the instance of the petitioner. Respondent No. 6 is presently lodged in Thane Central Prison in connection with the offence in question. 3 325310 3. After interacting with Pragati, it appears that she is in deep love with respondent No. 6, and she does not want to part his company. However, as she is minor even now, the only option for us is to hand over her custody to her natural guardian, i.e., father, petitioner before us. We have counselled the petitioner as well as his other family members, who are present in chambers, including Shitla Prasad Mishra and Anand Mishra, uncles of the missing girl, Bhavesh and Harsh, younger brothers of the petitioner, Dharamsila, wife of the petitioner as well as Rita Mishra, aunt of Pragati. Each of them has assured Pragati that she will be looked after very well and provided all facilities as may be necessary. 4. We place on record that, presently, Pragati is pregnant, and it is stated that she is pregnant for the last seven months. The petitioner as well as all his family members, who are present in chambers, have assured Pragati, in our presence, that she will be provided all necessary help, including medical aid, keeping in mind the Medical Report (Sonography Report) of J.J. Hospital dated 3rd October, 2011. They have also assured Pragati that, after she attains majority, she will be permitted to take her own decision, and will not be forced to marry person of their choice. As we are re-assured about the proper treatment being meted out 4 325310 to Pragati, after she returns home, by the petitioner as well as his other family members, who are staying jointly at Kandivali, we have no hesitation in directing the Investigating Officer to hand over custody of Pragati to her father, petitioner herein. 5. At the same time, we place on record that, as and when Pragati attains majority, she will be free to take her own decision, as may be advised. 6. The learned A.P.P., on instructions of the Investigating Officer, has stated that, in future, if Pragati has any apprehension or has any complaint about ill-treatment or forcing her to do some act, which is against her wish, she would be free to get in touch with him on his mobile No. 9702628988, and landline No. 27571485. The Investigating Officer assures that he will immediately provide necessary assistance to Pragati after she has attained majority on completion of 18 years on 18th November, 2011. 7. Although the petitioner has relied on School Leaving Certificate issued by Ramharash Purva Madhyamik Vidhyalaya, Kusa, Jaounpur, Exhibit ‘C(1)’, at page 21 of the paper book, issued in the year 5 325310 2008, indicating the date of birth of Pragati as “10.08.1996”, we find substance in the submission of the learned A.P.P. that the date of birth given in the said certificate may not be accurate, for the simple reason that the physical state or condition of Pragati does not support that position. She seems to be around 18 years of age. That opinion has been recorded in the Medical Report dated 1st October, 2011 of Medical Officer, Police Hospital, Nagpada, which is on the file of the Investigating Officer. 8. In view of the above, Pragati has shown willingness to join the company of her parents and other family members. As aforesaid, we have directed the Investigating Officer to hand over custody of Pragati to the petitioner, being her natural guardian, i.e., father. 9. The petition and application are disposed of on the above terms. P.D. KODE, J. A.M. KHANWILKAR, J.