Kajal Kumari (Minor) and Another v. State of U.P. and 5 Others
Case brief
What is this about?
Habeas corpus writ petition dismissed at admission stage on maintainability; identical cause of action covered by pending FIR Case Crime No. 248 of 2024 lodged by petitioner no.2 against respondent nos. 4-6; investigation pending; alleged illegal detention of minor petitioner no.1; Allahabad High Court; single judge Saurabh Srivastava, J.; order dated 14.2.2025; Neutral Citation 2025:AHC:21884; petitioners' counsel Hira Lal and Jay Prakash Maurya; State represented by G.A./A.G.A.
What did the court decide?
The preliminary objection of the learned AGA is sustained: where the same cause of action forms the subject matter of a pending investigation in FIR Case Crime No. 248 of 2024, a habeas corpus petition seeking production of the corpus is not maintainable, and the petition is dismissed at that stage. ¶9