Bench dismissed the habeas corpus petition as corpus is in police custody under a Child Welfare Committee order. Court allowed appeal against that order within a month to be entertained without limitation plea.
Petition dismissed; future appeal against CWCO order if filed within one month to be entertained on merits without limitation plea.
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Court No. - 43
Case :- HABEAS CORPUS WRIT PETITION No. - 1002 of 2019
Petitioner :- Suman Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manvendra Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Akhilesh Kumar, for the informant, Sri Manvendra Singh, learned counsel for the petitioner and Sri Deepak Mishra, the learned A.G.A.
The corpus is present in person of police custody. She is sent back to the Nari Niketan concerned.
A supplementary affidavit has been filed on behalf of the petitioner annexing therewith an order of the Child Welfare Committee dated 18.04.2019 directing corpus to be sent to Nari Niketan.
Once the corpus is detained under a judicial / quasi-judicial order ordinarily the habeas corpus petition is not maintainable, leaving it open for the petitioner to pursue such other remedy as is available under law.
The habeas corpus writ petition is dismissed.
However, in the event any Appeal / Revision as the case may be is filed before the Court concerned against the order dated 18.04.2019 within a month, same shall be entertained and disposed of on merits without raising any plea of limitation.
Office is directed to return a certified copy of the documents to the learned counsel for the petitioner after retaining a Xerox thereof.
Order Date :- 6.1.2020 AS Rathor
2 issues framed by the court
Whether a habeas corpus petition is maintainable when the child's corpus is in police custody pursuant to a Child Welfare Committee order.
Whether time limits apply to filing an appeal or revision against the impugned Child Welfare Committee order.
Suman
State Of U.P.
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
