Disposed

Preeti and Another v. State of U.P. and 3 Others

Allahabad HC6 Aug 2018HABC/3482/2018

Case brief

AI extract

What is this about?

Petitioners sought custody of Km. Priti, a minor, who had been enticed away by respondent no.4. The court dismissed the writ petition as the matter was sub judice in a POCSO court, directing the police to trace the child regarding an existing FIR.

What did the court decide?

Directed Senior Superintendent of Police, Budaun to render services for tracing the minor and ensure the conclusion of the proceeding concerning the FIR lodged in the case.

Preeti and Another Vs State of U.P. and 3… — Child Custody and Guardianship | Allahabad HC (2018)

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Court No. - 42

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Case :- HABEAS CORPUS WRIT PETITION No. - 3482 of 2018

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Petitioner :- Preeti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tripurari Pal Counsel for Respondent :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the material brought on record.

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Notices on behalf of respondent nos.1, 2 and 3 have been received by the learned A.G.A.

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While claiming the custody of the corpus of petitioner no.1-Km. Priti, petitioner no.2-Smt. Kallo, real mother of petitioner no.1., claims that after legal battle was fought by her for the custody of Km. Priti (petitioner no.1), her custody was given to petitioner no.2 being real mother of petitioner no.1. However, respondent no.4 again enticed away Km. Preeti and secretly captivated her somewhere. Smt. Kallo (Petitioner no.2) tried to lodge the report at the police station but the police on one pretext or the other saying that in this case an FIR was earlier lodged by her did not take any interest.

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After bare perusal of various aspects of this case, it transpires that earlier writ petition no.8974 of 2017 was moved by Smt. Priti and 2 others, wherein direction was made for recording the statement of Km. Priti under Sections-161 Cr.P.C. and 164 Cr.P.C. and conducting medical examination of Km. Priti by the doctor. In the medical examination, she was described to be sixteen years old. She was sent to Nari Niketan.

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Later on, Smt. Kallo (petitioner no.2) sought custody of Km. Priti, whereupon the concerned lower court of Additional / Sessions Judge, Court No.4/ POCSO Court, Badaun handed over custody of Km. Priti to petitioner no.2 vide its order dated 29.1.2018.

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In the backdrop of factual position, it has been claimed that respondent no.4-Mahesh s/o Yadram has now enticed away Km. Priti from custody of petitioner no.2-Smt

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Kallo. Since, the matter is already sub judice before the court concerned, these post developments regarding disappearance of Km. Priti can be well pressed before the lower court where the proceedings is underway and the court concerned may pass an appropriate order.

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However, it is directed that Senior Superintendent of Police, Budaun would render his services for tracing out the corpus - Km. Priti and would ensure the conclusion of the proceeding concerning the FIR lodged at Case Crime No.261 of 2017 at Police Station Sahsawan, District Budaunn on 8.5.2017.

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With the aforesaid direction, this habeas corpus writ petition stands disposed of .

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Order Date :- 6.8.2018 S Rawat

Preeti and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Preeti and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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