Karthik Agarwal Thru. Father Mr. Saurabh Kumar Agarwal and Another Vs State of U.P Thru. Addl. Chief Secy. Home and Another

Neutral Citation No. - 2023:AHC-LKO:47797

Court No. - 15

Case :- HABEAS CORPUS WRIT PETITION No. - 47 of 2022

Petitioner :- Karthik Agarwal Thru. Father Mr. Saurabh Kumar Agarwal And Another Respondent :- State Of U.P Thru. Addl. Chief Secy. Home And Another Counsel for Petitioner :- Kshitij Mishra,Ankit Kumar Pandey,Sarvesh Kumar Dubey,Shubhankar Singh

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Counsel for Respondent :- G.A.,Piyush Kumar Agarwal

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Hon'ble Shamim Ahmed,J.

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(C.M.Application No. IA/5/2023)

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This is an application moved on behalf of the petitioners for recall of the order dated 18.01.2023 and undertaking on bebhalf of the petitioners that "no mutual discussion for amicable settlement is undergoing/possible between the parties" in terms of the order dated 22.02.2023 passed in this petition.

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Sri Ankit Kumar Pandey, learned counsel for the petitioners submits that he does not want to press this application and the same may be dismissed as not pressed.

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Sri Piyush Kumar Agarwal, learned counsel for the opposite party No.2 and Sri Ashok Kumar Singh, learned A.G.A. have no objection to the prayer made by the learned counsel for the petitioners.

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Accordingly, the application is rejected as no pressed.

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Order Date :- 20.7.2023

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Arvind

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Court No. - 15

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Case :- HABEAS CORPUS WRIT PETITION No. - 47 of 2022

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Petitioner :- Karthik Agarwal Thru. Father Mr. Saurabh Kumar Agarwal And Another Respondent :- State Of U.P Thru. Addl. Chief Secy. Home And Another Counsel for Petitioner :- Kshitij Mishra,Ankit Kumar Pandey,Sarvesh Kumar Dubey,Shubhankar Singh Counsel for Respondent :- G.A.,Piyush Kumar Agarwal

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Hon'ble Shamim Ahmed,J.

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This Court vide order dated 18.05.2023 passed the following order:

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"1. Heard Shri Sarvesh Kumar Dubey and Shri Ankit Kumar Pandey, learned counsels for the petitioner and Shri Piyush Kumar Agarwal, learned counsel for the opposite party no.2 and Shri Diwakar Singh, learned AGA for the State.

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2. In compliance of this Court's order dated 15.5.2023, opposite party no.2-Smita Agarwal alongwith Karthik Agarwal (son) and Snehaa Agarwal (daughter) and petitioner-Saurabh Kumar Agarwal (father of detenues-Karthik Agarwal and Snehaa Agarwal are present in person before this Court. They have been identified by their respective counsel.

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3. After some discussion in Chamber between the parties and their counsels it appears that there are fair chances of amicable settlement between the parties. This Court also tried to take view of the children Karthik Agarwal and Snehaa Agarwal with whom they want to live. Both the children namely Karthik Agarwal and Snehaa Agarwal innocently and fairly stated before this Court that they want to live with their parents. The intention of the Court is also very fair to see the future of the said children that the parents may settle their dispute amicably, that is why one more opportunity is given to them to think about the statements given by the children before this Court .

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4. Accordingly, list this case on 30.5.2023 for further hearing before this Court. On the said date, petitioner-Saurabh Kumar Agarwal and opposite party no.2-Smita Agarwal shall remain present in person before this Court. This case shall be taken up in Chamber on 30.05.2023 at 2.30 P.M."

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Learned counsel for the petitioner further submits that the petitioner-Saurabh Kumar Agarwal, who is present before this Court, does not want to press this habeas corpus petition at this stage and want to avail remedy for custody of his minor child under the Guardian and Wards Act, 1980 or the Hindu Minority and Guardianship Act 1956 before the appropriate forum and the same may be dismissed as not pressed.

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Sri Piyush Kumar Agarwal, learned counsel for the opposite party No.2 and Sri Ashok Kumar Singh, learned A.G.A. have no objection to the prayer made by the learned counsel for the petitioners.

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Accordingly, this habeas corpus petition is dismissed as not pressed.

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The petitioner may approach before the appropriate forum for the custody of his minor child under the Guardian and Wards Act, 1980 or the Hindu Minority and Guardianship Act 1956, if he so desires.

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Order Date :- 20.7.2023

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Arvind

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Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Karthik Agarwal Thru. Father Mr. Saurabh Kumar Agarwal and Another v. State of U.P Thru. Addl. Chief Secy. Home and Another

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Karthik Agarwal Thru. Father Mr. Saurabh Kumar Agarwal and Another v. State of U.P Thru. Addl. Chief Secy. Home and Another

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