Dismissed

Khushboo Thru. Her Natural Guardian Next Friend Ram Harsh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC7 Nov 2024/317/2024

Case brief

AI extract

What is this about?

In a habeas corpus petition filed by a minor detenue, the Court examined the legality of her custody with the Child Welfare Committee. Relying on precedent, the Court dismissed the petition as liable and issued directions for fortnightly police visits to ensure the minor's safety.

What did the court decide?

The habeas corpus petition was dismissed. Directions were issued for the Station House Officer to visit the detenue's residence fortnightly with a lady constable and report to the Court.

Khushboo Thru. Her Natural Guardian Next… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:73554

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Court No. - 12

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Case :- HABEAS CORPUS WRIT PETITION No. - 317 of 2024

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Petitioner :- Khushboo Thru. Her Natural Guardian Next Friend Ram Harsh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Suresh Sharma

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Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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In compliance of order of this Court dated 25.10.2024, the detenue-petitioner has been produced before this Court by Shri Harinath Yadav, Inspector, P.S. Ramgaon, District Bahraich along with lady Constable Ms. Puja Yadav.

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The order dated 25.10.2024 is extracted hereinunder.

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" Heard.

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The present petition has been filed for the following main relief:-

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"(i) issue a writ order or direction in the nature of Habeas Corpus commanding and directing the opposite parties to produce the detenuepetitioner before this Hon'ble court for recording her statement and the detenue/ petitioner may be set free at her liberty.

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(ii) Issue any other appropriate writ order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."

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Considering the facts indicated in the FIR dated 18.12.2022 lodged by the alleged detenue Khushboo against her mother and one unknown person making allegations to attract the offence under Sections 376/370/323 IPC and 3/4 POCSO Act as also the fact that after the death of the biological father of alleged detenue, Munakka Devi (mother of the detenue) solemnized marriage with the present petitioner, this Court finds that matter requires consideration.

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List/put up this case on 07.11.2024 as fresh.

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The concerned S.H.O. shall produce the alleged detenue/Khushboo before this Court on the next date of listing.

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Learned A.G.A. is directed to seek complete instructions in the matter.

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Learned A.G.A. is also directed to inform the opposite party no. 4 about date fixed in the matter through concerned police officer and place the proof thereof by way of an affidavit before this Court when the case is listed next.

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Learned A.G.A. is directed to communicate this order to the concerned S.H.O."

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On being asked, the detenue, stated before this Court that opposite party no.4 is not real uncle and in fact he is cousin and a resident of the same vicinity Village- Jhingaha, P.S.Ramgaon, District- Bahraich and her custody to the opposite party no.4/Ramesh was given by the Child Welfare Committee (in short 'CWC'), District Bahraich.

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She also stated that the opposite party no.4, to whom the custody was given by CWC, is taking all sort of her care. According to the statement of the detenue, opposite party no.4 is cousin of her real/biological father, namely, Late Nankoo. She also stated that against her mother Munnaka Devi, she has lodged an FIR dated 18.12.2023 and her mother has solemnized marriage to the next friend, namely, Ram Harsh, aged about 78 years.

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The record indicates that the next friend of the detenue, namely, Ram Harsh has already moved an application for recalling of order dated 22.12.2023, in terms of which the custody was given to opposite party no.4/Ramesh.

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Record also indicates that in the instant petition in para 10 of the petition, it has been indicated that detenue-petitioner is under illegal custody of opposite party no.4 under the directions of Bal Kalyan Samiti. Para 10 reads as under.

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"10. That it would thus be seen that the detenue-petitioner is under illegal custody of the opposite party no.4 under the direction of Bal Kalyan Samiti."

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Taking note of the entire facts as stated above, as also the

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judgment of Full Bench of this Court in the case of Km. Rachna and another Vs. State of U.P. and others, 2021 SCC Online 221 , this Court is of the view that present petition is liable to be dismissed. It is accordingly, dismissed .

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Before parting it would be appropriate to issue certain directions, keeping in view the welfare of the minor/detenue, which, are as under :-

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(i) The Station House Officer/Incharge, P.S. Ramgaon shall visit fortnightly the place of residence of detenue along with a lady constable and prepare a report thereafter and the said report shall be placed before this Court through Senior Registrar and copy of the same shall also be forwarded to the Superintendent of Police, Bahraich.

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(ii) The Station House Officer/Incharge, P.S.- Ramgaon, shall ensure the safety of the detenue, who is minor, till she attains the age of majority.

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(iii) The Superintendent of Police, Bahraich shall supervise the aforesaid.

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Senior Registrar shall communicate this order to the Superintendent of Police, Bahraich.

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Order Date :- 7.11.2024 Anand/-

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

Khushboo Thru. Her Natural Guardian Next Friend Ram Harsh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Khushboo Thru. Her Natural Guardian Next Friend Ram Harsh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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