This High Court dismissed the habeas corpus petition seeking relief for a child victim of rape, finding no legal ground for the prayer after hearing opposing counsel and the petitioner's father.
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Court No. - 75
Case :- HABEAS CORPUS WRIT PETITION No. - 290 of 2023
Petitioner :- Smt. Pooja And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhilesh Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Akhilesh Kumar Dwivedi, the learned counsel for petitioner, the learned A.G.A. for State and Mr. Ajay Kumar Kashyap, the learned counsel representing respondent 4 who has put in appearance by filing his Vakalatnama in Court today which is taken on record.
The corpus Smt. Pooja has appeared before Court in person in the company of Mr. Naresh, her father who have been identified by the respondent counsel. The prosecutrix has been examined by the Court. The prosecutrix has categorically stated that she does not wish to reside with petitioner 2.
In view of above, this Court does not find any good ground to allow this habeas corpus writ petition. The petition fails and is liable to be dismissed.
It is, accordingly, dismissed.
The presence of petitioner 1 shall be obtained on the order sheet which shall be endorsed by the learned counsel appearing for the corpus.
Cost of Rs. 25,000/- deposited by petitioner no. 2 in the registry in compliance of the order dated 5.5.2023 passed by this Court shall be paid to petitioner no. 1, Smt. Pooja.
Order Date :- 15.6.2023
Aiman
Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to specific relief by way of a writ of habeas corpus in favor of the respondent.
Smt. Pooja And Another
State Of U.P.
5 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
