Habeas corpus petition dismissed due to availability of alternative remedy, with liberty to file an appeal under section 101 of the JJPCA 2015 before the Session Judge within three weeks.
Petitioner granted liberty to file appeal under section 101 of JJPCA 2015 before Session Judge within three weeks.
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Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 351 of 2020
Petitioner :- Smt. Kajal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rohit Yadav,Mahtab Alam Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Mahtab Alam, learned counsel for the petitioner and Km. Meena, learned A.G.A. for the State.
Learned counsel for the petitioner submits that the corpus-petitioner has been sent to Nari Niketas, Moradabad by the S.D.M., Sambhal but it appears from para-15 of the present petition that the petitioner herself has states that "on 7.12.2019, the President of Child Welfare Committee, District Sambhal passed the order to send the corpus-petitioner into the Government Women Shelter Centre, Moradabad " but learned counsel for the petitioner has not annexed copy of the order dated 7.12.2019 passed by the Child Welfare Committee, Sambhal. Moreover, the said order is appealable under section 101 of The Juvenile Justice (Care and Protection of Children) Act, 2015 before the Session Judge and thereafter a revision under section 102 of the said Act, of 2015.
In view of the above, the present habeas corpus writ petition is dismissed on the ground of availability of alternative remedy with liberty to the petitioner to avail the appropriate remedy available under the law, if so desire.
However, in the event, the petitioner file an appeal before the Session Judge under section 101 of the Act of 2015 within a period of three weeks' from today, the same shall be entertained without raising any plea of limitation, if the same has already not been dismissed/decided by the Session Judge.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Ajit Singh, J.) (Ramesh Sinha, J.)
Order Date :- 25.8.2020 Shiraz
2 issues framed by the court
Whether the petition should be dismissed due to availability of alternative remedy.
Whether a writ petition can maintain if the order is appealable under the Juvenile Justice Act.
2 provisions across 1 enactments
Smt. Kajal
State Of U.P.
Ramesh Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
