Smt. Kajal and Another Vs State of U.P. and 4 Others

Court No. - 1

Case :- HABEAS CORPUS WRIT PETITION No. - 352 of 2020

Petitioner :- Smt. Kajal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohammad Sadab Khan Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.

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Heard Sri M.S. Khan, learned counsel for the petitioners, Km. Meena, learned A.G.A. for the State and perused the record.

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It transpires from the record that this is the second petition filed on behalf of the corpus-petitioner no. 1 by petitioner no. 2. The petitioner no. 2 had earlier approached this Court by filing Habeas Corpus Writ Petition No. 833 of 2019 challenging the order dated 1.5.2019 passed by S.D.M., Akbarur, Kanpur Dehat by which the corpus-petitioner no. 1 was sent to Nari Niketan at Kanpur Nagar where at the present moment she is confined. The said petition was dismissed by Co-ordinate Bench of this Court vide order dated 28.11.2019 leaving it open to the petitioners to file an appeal under section 101 of the Juenile Justice (Care and Protection of Children) Act, 2015 against the order dated 1.5.2019.

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Learned counsel for the petitioners could not give a satisfactory reply on asking whether in purusance of the order dated 28.11.2019, the petitioners preferred any appeal against the order dated 1.5.2019 under section 101 of the Act of 2015 or not.

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In view of the above, as this is the second petition filed on behalf of the petitioners for the same cause of action, the Court desire to dismissed the petition with an exemplary cost of Rs. 10,000/- but taking into account the oral unconditional apology tendered by learned counsel for the petitioners, the Court drops the idea of imposing cost and dismiss the petition with a strict warning to the petitioners to remain cautious and not to repeat such act in future.

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(Ajit Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 25.8.2020 Shiraz

Smt. Kajal and Another v. State of U.P. and 4 Others

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Smt. Kajal and Another v. State of U.P. and 4 Others

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