This court dismissed a habeas corpus petition regarding the petitioner's custody after the Child Welfare Committee handed her over to her father, citing the Allahabad High Court's precedent that such detentions pursuant to judicial orders are not maintainable.
The writ petition was dismissed as it was devoid of substance.
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.
Neutral Citation No. - 2023:AHC:189967
Court No. - 81
Case :- HABEAS CORPUS WRIT PETITION No. - 801 of 2023 Petitioner :- Smt. Farhana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
5. Relevant Question No. 1 was framed, which is as below:-
" Question No.1 : "(1) Whether a writ of habeas corpus is maintainable against the judicial order passed by the Magistrate or by the Child Welfare Committee appointed under Section 27 of the Act, sending the victim to Women Protection Home/Nari Niketan/Juvenile Home/Child Care Home?"
Answering to Question no. 1, the High Court held as below:-
" Answer : If the petitioner corpus is in custody as per judicial orders passed by a Judicial Magistrate or a Court of Competent Jurisdiction or a Child Welfare Committee under the J.J. Act. Consequently, such an order passed by the Magistrate or by the Committee cannot be challenged/assailed or set aside in a writ of habeas corpus."
Order Date :- 4.10.2023/Saif
Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ of habeas corpus is maintainable against a judicial order passed by the Magistrate or Child Welfare Committee sending the victim to a protection home.
Whether illegal or irregular exercise of jurisdiction by the Magistrate or Child Welfare Committee gives cause for a writ of habeas corpus.
Colour shows how this judgement treated each authority
Km. Rachna and another vs. State of U.P. and 4 OthersFollowed¶4
Habeas Corpus Writ Petition No. 362 of 2020 (Km. Rachna and another vs. State of U.P. and 4 Others)
Smt. Farhana
Another
State Of U.P.
3 Others
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
