This habeas corpus writ petition was dismissed by the High Court for lacking prima facie grounds as it was filed with incomplete ingredients and without necessary annexures regarding the petitioner's custodial orders.
Writ petition dismissed as incomplete and without adequate materials for consideration.
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Court No. - 48
Case :- HABEAS CORPUS WRIT PETITION No. - 651 of 2020
Petitioner :- Smt. Khushi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Prima facie , it appears that this writ petition has been filed with incomplete ingredients and without annexing copies of relevant orders, inasmuch as from perusal of copy of statement recorded under Section 164, Cr.P.C. dated 18.08.2020, the girl Smt. Khushi (the petitioner No.1) has expressed her willingness to go with her parents while in paragraph-8, it has been stated that the girl has been sent to Nari Niketan Swaroop Nagar, Kanpur Nagar on 18.08.2020. Copy of order for sending the petitioner No.1 to Nari Niketan has not been filed along with the writ petition. That apart, as per particulars recorded in the statement of the girl under Section 164, Cr.P.C., she is aged about 17 years.
In view of all the reasons aforementioned, we do not find any good reason to entertain this writ petition. Consequently, the writ petition is dismissed .
Order Date :- 5.1.2021 NLY
Smt. Khushi And Another
State Of U.P. And 3 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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