A habeas corpus petition challenging detention was dismissed as withdrawn, as the child-an corpus had already been released and produced with parents per a previous order. No substantive legal questions were treated.
Petition dismissed as withdrawn with liberty to seek appropriate remedy before the appropriate forum regarding custody.
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Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 4019 of 2018
Petitioner :- Tanu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
When the case was taken up as a fresh on 18.12.2018, a detailed order was passed by this Court keeping in view the contentions as have been raised at the Bar by learned counsel for the petitioner at that stage.
When the case has been taken up today, it has been informed by Sri Rajesh Mishra, learned AGA that the corpus Tanu has already been released in favour of the parents even before filing of the present habeas corpus writ petition. He further informed the Court that in pursuance of the order of this Court dated 18.12.2018, the corpus Tanu has been brought to this Court today along with her parents.
Thus, it is apparent that on the date on which the order was passed i.e. on 18.12.2018, the corpus was not in any illegal detention but she was already released and was living with her parents. The record also shows that the corpus was carrying a pregnancy of about 3, 4 months. However, in compliance of the order of this Court dated 18.12.2018, the corpus has been produced before this Court today.
The Court has also been informed that there was an order of this Court otherwise the corpus was living with her parent happily.
Thus, the instant habeas corpus writ petition is misconceived in view of the fact that even on the date on which the instant petition was filed, the corpus was living happily with her parents.
When the learned counsel for the petitioner was confronted with such a situation, he submits that the present habeas corpus writ petition may be dismissed as withdrawn.
Accordingly, the instant habeas corpus writ petition is dismissed as withdrawn with liberty to seek appropriate remedy before the appropriate forum, if the petitioner is aggrieved with regard to the custody of the corpus.
The appearance of corpus before this Court is exempted till further order of this Court.
Order Date :- 16.1.2019 Kuldeep
Tanu
State Of U.P.
Vipin Sinha
Ajit Singh
As recorded by the court registry
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