The High Court dismissed a habeas corpus petition filed by a child petitioner challenging an order awarding custody to the Child Welfare Committee. The court held that the writ petition is barred by the availability of an alternative remedy under Section 101 of the Juvenile Justice Care and Protection Act, 2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- HABEAS CORPUS WRIT PETITION No. - 85 of 2021
Petitioner :- Smt. Roshni And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mashaluddin Shah Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
As per impugned order dated 24.12.2020 passed by the learned Chief Judicial Magistrate, Firozabad in Case Crime No. 449 of 2020, under Sections 363, 366, 506 I.P.C., P.S. Narkhi, District Firozabad, the date of birth of Corpus-petitioner no.1 is 14.03.2005 as per educational certificate and, thus, she is minor. Accordingly by the impugned order dated dated 24.12.2020, the Corpus-petitioner no.1 has been given custody to Child Welfare Committee, Firozabad. Learned counsel for the petitioners states that presently, the Corpus-petitioner no.1 is in Rajkiya Bal Grih, Swaroop Nagar, District Kanpur.
Against the impugned order of the learned Chief Judicial Magistrate, Firozabad dated 24.12.2020, petitioner has right of Appeal under Section 101 of Juvenile Justice Care and Protection Act, 2015.
In view of aforesaid, writ petition is dismissed on the ground of alternative remedy, leaving it open to the petitioners to file an Appeal under Section 101 of Juvenile Justice Care and Protection Act, 2015 before the competent Court.
Order Date :- 3.2.2021 T.S.
2 issues framed by the court
Whether the writ petition maintains when an alternative remedy exists under the Juvenile Justice Care and Protection Act, 2015.
Whether the Chief Judicial Magistrate's order awarding custody to the Child Welfare Committee is appealable.
1 provisions across 1 enactments
Smt. Roshni And Another
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
