Habeas Corpus Writ Petition dismissed on grounds of alternative remedy against Magistrate order directing corpus to Child Protection Home. Petitioners granted one-month window to file appeal/revision.
Dismissal of writ petition with liberty to file appeal or revision within one month.
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Court No. - 43
Case :- HABEAS CORPUS WRIT PETITION No. - 28 of 2020
Petitioner :- Shashi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Diwanshu Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Mithilesh Kumar Shukla, learned counsel for the petitioners and Dr. S.B.Maurya, the learned A.G.A.
Dr.S.B.Maurya, the learned A.G.A. rightly raised a preliminary objection that against the order of Magistrate directing the corpus to be sent to the Child Protection Home, 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 controvert.
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 a month from today, same shall be entertained without raising any plea of limitation.
Order Date :- 13.1.2020 Rk
1 issue framed by the court
Whether the writ petition should be dismissed on the ground of availability of alternative remedy.
2 provisions across 1 enactments
Shashi And Another
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
