Writ petition for habeas corpus regarding a minor's detention. Court dismissed the petition as the minor was produced and confined in a recognized institution, negating illegal detention.
Petition dismissed; corpus to remain in Nari Niketan.
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:176021
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 83 of 2023
Petitioner :- Km. Anchal Yadav And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyam Narayan,Shiv Lal Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioners and the learned AGA for respondent nos. 1 to 3.
In compliance of order dated 26.5.2023, corpus namely, Km. Anchal Yadav has been produced before the Court by Prabhu Narain Yadav(P.No.172030212) and Mahila Constable Asha Patel, Thana Meja, Commissionerate-Prayagraj. The corpus is aged about 16 years, as her date of birth is 10.9.2007 as per High School marksheet.
It is pointed out by the learned AGA that corpus is presently confined in Nari Niketan.
Since the corpus has been recovered and is confined in Nari Niketan, the corpus cannot said to be in illegal detention of respondent no.4. No cause of action survives.
The habeas corpus writ petition is dismissed.
Order Date :- 6.9.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 provisions across 1 enactments
Km. Anchal Yadav And Another
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
