Master Vishwam Dwivedi Thru. His Maternal Granfather/Next Friend Sharda Prasad Tiwari and Another Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

Neutral Citation No. - 2025:AHC-LKO:27841

Court No. - 11

Case :- HABEAS CORPUS WRIT PETITION No. - 113 of 2025

Petitioner :- Master Vishwam Dwivedi Thru. His Maternal Granfather/Next Friend Sharda Prasad Tiwari And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others

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Counsel for Petitioner :- Shubham Tripathi,Paavan Awasthi,Parth Anand,Prashast Puri Counsel for Respondent :- G.A.,Abhineet Jaiswal

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Hon'ble Rajnish Kumar,J.

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"Vakalatnama filed by Shri Arun Sinha and Shri Sidharth Sinha, Advocates on behalf respondent no.5 is taken on record.

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In deference to the order dated 15.04.2025 the alleged detenues Master Vishwam Dwivedi, aged about 11 years and Master Aanjaneya Dwivedi, aged about 4 years are present alongwith their father Ravindra Kumar Dwivedi/respondent no.5.

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On the insistence of learned counsel for the petitioner, the court talked to the alleged detenue No.1, who is aged about 11 years 6 months, as the alleged detenue no.2 is only aged about 4 years, not only in the court Room but in the Waiting Room attached to the court, where nobody was present except me and my Private Secretary, after feeling him comfortable.

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On a query put to the alleged detenue no.1, he told his name, age, date-of-birth, father's name, maternal-grand-father's name as disclosed in the petition. He, on a query as to whether he is happy with his father or not, he told that he and his brother are happy with their father and he wants to reside alongwith his brother with his father. He also told that he is studying in Seth M.R.Jaipuria School, Sandila and residing with his grand father, father and other family members. On a query, as to whether he wants to go with his maternal-grand-father and maternal-grand-

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mother, he categorically refused. He states that they used to tell false things to his mother, on account of which his mother was very angry with them and she did not want even to meet them, therefore, now he also does not want to meet them or reside with them. However on a query he could not tell any false thing told by them. The date-of-birth of the child is 11.11.2013 as told by the child himself, therefore, he is aged about 11 years and 5 months.

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In view of above this habeas corpus petition on the ground that the detenues are in unlawful custody of their father is not tenable. Even otherwise the custody with the father cannot be said to be unlawful. However this petition has been filed alleging the custody of the detenues unlawful on the ground that there are serious allegations against the father of the detenues about the murder of the mother of the detenues and he can influence the child who is main witness of alleged crime, but admittedly the charge sheet has been filed under Section 108 of Bhartiya Nagrik Suraksha Sanhita, 2023 for abatement of suicide, therefore, prima facie allegations of the next friend has also not been found tenable. However, it can be both ways because the next friend i.e. the maternal-grand-father has lodged the said FIR.

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At this stage learned counsel for the petitioner submits that, in view of above, the next friend of the detenues does not want to pursue this petition further, therefore, it may be dismissed as not pressed with liberty to avail appropriate remedy for visitation rights. The other side has no objection to the request for dismissal as not pressed, but the opposition is to request for liberty for availing any other remedy for visitation rights and submits that the maternal-grand-father and mother used to meet in School.

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On a query put to the alleged detenue no.1, he states that his maternal-grand-father and mother used to come to School and last time they had come to meet him in School on Friday and asked to tell the court, whatever is asked from him.

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In view of above, admittedly the grand-maternal-father and mother used to meet the alleged detenues and no objection has been shown by the other side. Thus considering the overall facts and circumstances of the case and in view of above and as not opposed by the respondents this habeas corpus petition is dismissed as not pressed, subject to rights of parties under any law, if required and the observations made by the court in this order are only in regard to the present case.

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. .................. ...................................... .(Rajnish Kumar,J.) Order Date :- 12.5.2025 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

Master Vishwam Dwivedi Thru. His Maternal Granfather/Next Friend Sharda Prasad Tiwari and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

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Master Vishwam Dwivedi Thru. His Maternal Granfather/Next Friend Sharda Prasad Tiwari and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

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