Habeas corpus petition seeking direction to produce a minor before her father dismissed. Court held minor was lawfully sent to observation home via judicial order, negating illegal detention.
Writ petition dismissed; notices to respondents discharged.
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Court No. - 88
Case :- HABEAS CORPUS WRIT PETITION No. - 473 of 2021
Petitioner :- Km. Kusama And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gulab Chandra Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Learned Counsel for the petitioners is permitted to correct the array of parties during the course of the day.
Sri Pramod Kumar Singh, Advocate has put in appearance on behalf of opposite party no.4 by filing Vakalatnama, which is taken on record.
Heard Sri Gulab Chandra, learned Counsel for the petitioners, Sri Dinesh Kumar Srivastava, learned A.G.A. for the State and Sri Pramod Kumar Singh, learned Counsel for opposite party no.4.
This Habeas Corpus Writ Petition has been filed by the petitioners seeking direction that police authorities may be directed to produce the corpus Km. Susama/petitioner no.1 before this Court and she will release in favour of petitioner no.2, who is father of petitioner no.1. Respondent nos.2 and 3 were directed by this Court vide order dated 19.7.2021 to produce the petitioner no.1 before the court on or before next date.
In compliance of order dated 19.7.2021, the corpus Km. Susama, petitioner no.1 is produced by Jitendra Singh, S.H.O., Man Singh Pal, Sub Inspector (Investigating Officer) and lady constable Kavita from observation home and on being asked she is not willing to go with her father.
Learned A.G.A. on the basis of instructions received by him has informed that petitioner no.1, corpus was recovered by the police and since she is minor, below the age of 18 years was directed to produce before the Child Welfare Committee by the order of Judicial Magistrate, Kashganj dated 12.8.2021. Child Welfare Committee sent her to observation home. It is further submitted by learned A.G.A. that the corpus Km. Susama is minor and sent to observation home by a judicial order and there is no illegal detention and the present petition is liable to be dismissed.
In view of the above, since Km. Susama Corpus is minor and sent to observation home by a judicial order, there is no illegal detention of corpus Km. Susama and the present habeas corpus petition fails and dismissed, notices issued to respondents stand discharged.
Accordingly, the habeas corpus petition is dismissed . No order as to cost.
Order Date :- 18.8.2021 S. Singh
1 issue framed by the court
Whether the habeas corpus petition filed to produce a minor before her father is maintainable when she was lawfully sent to an observation home by a judicial order.
Km. Kusama
Km. Susama
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
