In a habeas corpus petition challenging a Child Welfare Committee order to send a corpus to Nari Niketan, the court dismissed the petition due to non-filing of the impugned order despite time granted, leaving it open for the petitioners to file an appeal.
Petition dismissed; open to file appeal under Section 101 of JJ Act 2015.
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Court No. - 48
Case :- HABEAS CORPUS WRIT PETITION No. - 626 of 2020
Petitioner :- Gulam Sahid And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
List revised. None appears on behalf of the petitioner even in the revised call. Learned A.G.A. is present.
By order dated 23.11.2020, petitioners were granted a week's time to file order impugned passed by the Child Welfare Committee sending the corpus to the Nari Niketan. On 01.12.2020, the case was adjourned on the request of the learned counsel for the petitioners. On 08.12.2020 and 17.12.2020, none appeared on behalf of the petitioners to press the writ petition.
From the facts and orders as briefly noted above, it appears that some order has been passed by the Child Welfare Committee sending the corpus to the Nari Niketan. Despite time granted, the petitioners have not filed copy of that order. Therefore, we dismissed the writ petition leaving it open to the petitioners to file an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 to challenge the order of the Child Welfare Committee, if any.
Order Date :- 5.1.2021 NLY
2 issues framed by the court
Whether to allow the writ petition challenging the direction of the Child Welfare Committee to send the corpus to the Nari Niketan when petitioners failed to file the impugned order.
Whether the petitioners can file an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
1 provisions across 1 enactments
Gulam Sahid
Another
State Of U.P.
4 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
