Dismissed¶10

Anuj Soni Thru. His Mother Smt. Kamla Rani Soni v. State of U.P. Thru. Prin. Secy, Home Lko. and 2 Others

Allahabad HC15 May 2025HABC/104/2025

Case brief

AI extract

What is this about?

Habeas corpus writ petition; minor detenue aged about 11 years; custody with father (respondent no.3); allegation of kidnapping and F.I.R.; alleged police inaction; photographs at Pages 15-17; dismissal as not pressed; liberty to avail remedies under law; State of U.P.; Allahabad High Court Lucknow Bench; Rajnish Kumar, J.; order dated 15.5.2025; neutral citation 2025:AHC-LKO:28703.

What did the court decide?

Liberty to avail such remedy as may be available under law. ¶10

Anuj Soni Thru. His Mother Smt. Kamla Rani… — Child Custody and Guardianship | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:28703

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Court No. - 11

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Case :- HABEAS CORPUS WRIT PETITION No. - 104 of 2025

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Petitioner :- Anuj Soni Thru. His Mother Smt. Kamla Rani Soni Respondent :- State Of U.P. Thru. Prin. Secy, Home Lko. And 2 Others Counsel for Petitioner :- Pramod Kumar Tiwari,Smt. Usha Tiwari Counsel for Respondent :- G.A.

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Hon'ble Rajnish Kumar,J.

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Heard Smt. Usha Tiwari,learned counsel for the petitioner and learned AGA.

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This Habeas Corpus petition has been filed alleging unlawful custody of the alleged detenue aged about 11 years, who is in custody of the father.

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Learned counsel for the petitioner submits that the alleged detenue has been kidnapped by the father i.e. respondent no.3 and F.I.R. has been lodged in this regard but no action is being taken by the police. She further submits that the household works are being taken by the alleged detenue by the father of the detenue and the photographs of the same have been annexed at Page Nos.15 and 17. However, on a query being put, learned counsel for the petitioner failed to indicate as to how the deponent got the photographs which are annexed at Page Nos.15 and 17, whereas one photograph has been annexed with the same at Page No.16, which is of one lady and as informed by learned counsel for the petitioner, the photograph is of the deponent and the same has been taken on 28.05.2022, therefore, the same also appears to be of the same date. She also does not dispute that the custody of the alleged detenue with the father cannot be said to be illegal.

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At this stage, learned counsel for the petitioner submits that the petition may be dismissed as not pressed with liberty to avail the remedy as may be available under law. To which there is no objection by learned AGA.

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In view of above, the petition is dismissed as not pressed with liberty as aforesaid.

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Order Date :- 15.5.2025 Akanksha Sri/-

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

Anuj Soni Thru. His Mother Smt. Kamla Rani Soni v. State of U.P. Thru. Prin. Secy, Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Anuj Soni Thru. His Mother Smt. Kamla Rani Soni v. State of U.P. Thru. Prin. Secy, Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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