The High Court dismissed a habeas corpus writ petition regarding the placement of a minor at a Shramalaya, finding that an alternative remedy existed via appeal or revision under the J.J. Act, 2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 43
Case :- HABEAS CORPUS WRIT PETITION No. - 1196 of 2019
Petitioner :- Shivangi Nishad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satyendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Satyendra Kumar Singh, learned counsel for the petitioner and Sri Deepak Mishra, the learned A.G.A.
The order impugned is an order, by which the court below handed over the corpus / petitioner to Rajkiya Mahila Sharnalaya, Ghantaghar, Gorakhpur.
Sri Deepak Mishra, the learned A.G.A. rightly raised a preliminary objection that against the order impugned, an appeal under Section 101 and a revision under Section 102 of the J.J. Act, 2015 lay before the Court of Sessions, which the learned counsel for the petitioners is unable to meet.
The writ petition is dismissed on the ground of availability of alternative remedy.
However, in the event, petitioners file an appeal / revision, as the case may be, within 3 weeks from today, same shall be entertained without raising any plea of limitation.
The office is directed to return certified copy of the documents after retaining a xerox thereof.
Order Date :- 18.12.2019 Chandra
1 issue framed by the court
Whether the writ petition is maintainable in view of the existence of alternative remedies under Sections 101 and 102 of the J.J. Act, 2015.
2 provisions across 1 enactments
Shivangi Nishad
State Of U.P.
4 Others
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
