Dismissed

Smt. Sneha Verma Thru. Father in Law Sri Uma Shankar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Allahabad HC16 Dec 2022/424/2022

Case brief

AI extract

What is this about?

The High Court benched by Ramesh Sinha and Saroj Yadav dismissed this habeas corpus petition filed by the child guardian seeking release of the petitioner from custody, holding that the alternative remedy of appeal under Section 101 of the Juvenile Justice Act, 2015 was available.

What did the court decide?

The Habeas Corpus Writ Petition was dismissed on the ground of availability of alternative remedy.

Smt. Sneha Verma Thru. Father in Law Sri… — Child Custody and Guardianship | Allahabad HC (2022)

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Court No. - 1

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Case :- HABEAS CORPUS WRIT PETITION No. - 424 of 2022

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Petitioner :- Smt. Sneha Verma Thru. Father In Law Sri Uma Shankar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ganesh Nath Mishra Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.

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Heard Mr. Ganesh Nath Mishra, learned counsel for the petitioner and Mr. Umesh Chandra Verma, learned A.G.A. for the State/respondents .

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This Habeas Corpus Petition has been filed by the petitionerSmt. Sneha Verma, through her Father-in-law Mr. Uma Shankar, for the following reliefs:

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"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 18.11.2022 passed by Judicial Bench, Child Welfare Society, Gonda as contained in Annexure No.1 to the writ petition.

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(ii) issue, a writ order or direction in the nature of Habeas Corpus thereby directing the respondents to release Shena Verma from the custody of the opposite party No.3 and allow her to live free as per her will and choice."

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Learned A.G.A. has pointed out that the corpus-petitioner is in custody of her patents under the order of the Child Welfare Committee, Gonda passed on 08.12.2022, a copy of the same is annexed as Annexure No.1 to the writ petition, against which the petitioner, if aggrieved, has an alternative remedy of filing an appeal under Section 101 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "Act of 2015") before the Session Judge and thereafter, a revision under Section 102 of the Act of 2015.

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The contention of learned A.G.A. appears to have force.

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In view of the above, the present Habeas Corpus Writ Petition is dismissed on the ground of availability of alternative remedy with liberty to the petitioner to avail the appropriate remedy available under the law, if so desire.

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However, in the event, the petitioner file an appeal before the Session Judge under Section 101 of Act of 2015 within a period of three weeks' from today, the same shall be entertained without raising any plea of limitation, if the same has already not been dismissed/decided by the Session Judge.

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(Saroj Yadav, J.) (Ramesh Sinha, J.)

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Order Date :- 16.12.2022 A.K. Singh

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Digitally signed by ASHISH KUMAR SINGH Date: 2022.12.16 16:42:30 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sneha Verma Thru. Father in Law Sri Uma Shankar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Smt. Sneha Verma Thru. Father in Law Sri Uma Shankar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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