HONOURABLE SRI JUSTICE GOPALAKRISHNA TAMADA CRL.P.No.12674 of 2010 ORDER: This petition is directed against the order dated 08.11.2010 passed in C.F.R.No.3818 of 2010 in P.R.C.No.8 of 2010 on the file of the Court of the I-Additional Judicial Magistrate of First Class, Proddatur. The case of the prosecution is that on 01.02.2010 the defacto complainant, who is the father of the petitioner herein, gave a complaint before the police stating that his younger daughter Ragaleena i.e., the petitioner herein is aged 16 ½ years and she is studying II-year Intermediate and that he came to know that one Kattubadi Mohmmad Shakeer @ Bujji i.e., the accused has trapped her in love. Thereafter, the accused eloped her on 28.01.2010 at the instigation of his parents and relatives. Based on the said complaint, the Station House Officer, I-Town Police Station, Proddatur, Kadapa District registered a case in Crime No.9 of 2010 against the accused for the offences punishable under Sections 363, 366-(A) and 109 of I.P.C. Eventually, after completion of investigation, a charge sheet was laid against the accused for the offence punishable under Section 366-A of I.P.C. in the Court of the I-Additional Judicial Magistrate of First Class, Proddatur and the same was taken on file as P.R.C.No.8 of 2010 and the same is pending. Thereafter, the Court below by an order dated 16.02.2010 sent the petitioner to Women Protection Cell, Kadapa as she was not willing to join her parents. Subsequent thereto the petitioner filed an application in CFR No.3818 of 2010 before the Court below contending that as she became major she need not be kept in the protection home and that the date of birth as mentioned in the SSC pass certificate is not correct and hence sought for a direction to release her from the protection home. However, the Court below observing that though the girl has become major, in view of the circumstances, no prejudice would be caused even if the girl is kept in the very same protection home for few more months and accordingly dismissed the said application by its order dated 08.11.2010. Aggrieved thereby the petitioner-victim girl filed the present petition invoking the jurisdiction of this Court under Section 482 of Cr.P.C. On the directions given by this Court, the petitioner i.e., the victim girl is produced before this Court and she has stated that she is not inclined to stay with her parents and that she may be released from the Protection Home. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor. The date of birth of the petitioner is shown as 08.07.1993 in her S.S.C. pass certificate. However, the petitioner disputes the same and it is her contention that her date of birth is 04.08.1992. In support of her contention she produced the certificate issued by the Registrar of Births & Deaths, Proddatur Municipality, wherein it is stated that the date of birth of the petitioner is 04.08.1992. Further, a delivery certificate issued by Sri Vasavi Prasuthi Kendram, Proddatur also shows the date of birth of the petitioner is 04.08.1992. If those two certificates are taken into consideration, the petitioner, as on today, has become major and she is aged 18 years and 4 ½ months. In those circumstances, this Court is of the view that detention of the petitioner in the said Protection Home is unwarranted. When once the petitioner has become major, it is for her to look after her welfare and she has every right to lead what sort of life she wants. For the foregoing reasons, this Criminal Petition is allowed and the petitioner is directed to be released from the Protection Home, Kadapa, and set at liberty forthwith. __________________________ (GOPALA KRISHNA TAMADA, J) 21.01.2011 Gsn.