Shiv Kumar Kahar Vs. the State of Madhya Pradesh

Shiv Kumar Kahar vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Jul 18, 2012

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Citation: sooperkanoon.com/1040737
Court: Madhya Pradesh High Court
Decided On: Jul 18, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Shiv Kumar Kahar

Advocate Shri. Amit Patel

Respondent

The State of Madhya Pradesh

Advocate Shri. Nilesh Shrivastava

Excerpt

1....w.p.no.5482 of 2012 shiv kumar kahar state of m.p.& ors 18.7.2012 shri amit patel, counsel for the petitioner. shri vijay pandey, learned dy. a.g.for respondents no.1 to 3. shri nilesh shrivastava, counsel for respondent no.4. shri rajesh tiwari, c.s.p., gorakhpur, shri m.k.baloria, s.i., p.s.cant, shri u.s.thakur, asi, p.s.cant, ms.santoshi durbe, lady constable, p.s.cant, jabalpur are present. we have taken the matter in the chamber. we have enquired ku. jyoti kahar and her parents. ku. jyoti stated that she is ready to go along with her parents who are present in the chamber. they have also shown their willingness to take the custody of ku. jyoti. we have also asked the petitioner and his wife to take care of ku. jyoti till she attains the age of majority. they have assured that they will take all the care of ku. jyoti and see that no harm is caused to her life and limb. ku. jyoti agreed to go along with her parents and at present, prima facie we find that she is minot as per her higher secondary school certificate examination mark-sheet annexure p-2. she is given in the custody of her parents. at this stage, it is intimated to us that as per the birth certificate her date of birth is 18.1.1994 but at present we are not taking cognizance of the aforesaid as, as per the aforesaid mark-sheet, her date of birth is 18.9.1994 and prima facie she is minor. with the aforesaid directions, the proceedings are closed with no order as to costs. (krishn kumar lahoti) (smt. vimla jain) judge judge vj

Full Judgment

1....W.P.No.5482 of 2012 Shiv Kumar Kahar State of M.P.& ors 18.7.2012 Shri Amit Patel, Counsel for the petitioner.

Shri Vijay Pandey, learned Dy.

A.G.for respondents No.1 to 3.

Shri Nilesh Shrivastava, Counsel for respondent No.4.

Shri Rajesh Tiwari, C.S.P., Gorakhpur, Shri M.K.Baloria, S.I., P.S.Cant, Shri U.S.Thakur, ASI, P.S.Cant, Ms.Santoshi Durbe, Lady Constable, P.S.Cant, Jabalpur are present.

We have taken the matter in the Chamber.

We have enquired Ku.

Jyoti Kahar and her parents.

Ku.

Jyoti stated that she is ready to go along with her parents who are present in the Chamber.

They have also shown their willingness to take the custody of Ku.

Jyoti.

We have also asked the petitioner and his wife to take care of Ku.

Jyoti till she attains the age of majority.

They have assured that they will take all the care of Ku.

Jyoti and see that no harm is caused to her life and limb.

Ku.

Jyoti agreed to go along with her parents and at present, prima facie we find that she is minot as per her Higher Secondary School Certificate Examination mark-sheet Annexure P-2.

She is given in the custody of her parents.

At this stage, it is intimated to us that as per the birth certificate her date of birth is 18.1.1994 but at present we are not taking cognizance of the aforesaid as, as per the aforesaid mark-sheet, her date of birth is 18.9.1994 and prima facie she is minor.

With the aforesaid directions, the proceedings are closed with no order as to costs.

(Krishn Kumar Lahoti) (Smt.

Vimla Jain) Judge Judge vj

Same Court & Year Madhya Pradesh · 2012 Same Parties Shiv Kumar Kahar vs The State of Madhya Pradesh Same Subject Education