Utkarshini @ Pakhi (Minor) and Another vs State of U.P. and 4 Others

Neutral Citation No. - 2025:AHC:72448

Court No. - 78

Case :- HABEAS CORPUS WRIT PETITION No. - 162 of 2025

Petitioner :- Utkarshini @ Pakhi (Minor) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1- Heard Shri Ashok Kumar Singh, learned counsel for the petitioners, Shri Rabindra Kumar Singh, learned Additional Government Advocate representing the State Authorities and Shri Sanjay Kumar Singh, learned counsel appearing on behalf of respondent No. 4.

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2- By means of this habeas corpus writ petition, the petitioner No. 2 has prayed for issuance of a writ, order or direction in the nature of habeas corpus directing respondent Nos 2 and 3 to produce petitioner No. 1, Utkarshini alias Pakhi (corpus) before this Court from the illegal custody of respondent Nos. 4 and 5.

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3- On 10.04.2025, when the case was taken up, a Coordinate Bench of this Court passed the following orders:

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Learned counsel for the petitioners has submitted that petitioner no.1, Utkarshini @ Pakhi, a minor and daughter of petitioner no.2, has been allegedly detained unlawfully by respondent nos.4 and 5.

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Issue notice to respondent nos.4 and 5 through the Station House Officer, Police Station Nababad, District Jhansi, directing him to produce petitioner no.1, the minor corpus, before this Court on the next date of hearing.

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Steps be taken accordingly.

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The Senior Superintendent of Police, District Jhansi is directed to ensure that petitioner no.1 (the minor corpus) is produced before this Court on the next date of hearing, along with respondent nos.4 and 5.

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Put up this case as fresh on 05.05.2025.

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The learned A.G.A. is directed to ensure strict compliance with the directions issued herein above."

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4- Pursuant to the aforesaid order of the Coordinate Bench of this Court dated 10.04.2025, the corpus, petitioner No. 1 has been produced before this Court today by Shri Arvind Kumar, Sub-Inspector of Police, police station Nababad, district Jhansi.

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5- The marriage of petitioner No. 2 was solemnized with Nidhi Raikwar on 24.06.2019, daughter of respondent No. 4 and from their wedlock, petitioner No. 1 was born. Nidhi Raikwar died on 28.08.2024 in the hospital. After the death of Nidhi Raikwar, respondent No. 4 has got a first information report lodged at case crime No. 625 of 2024, under Sections 3/4 of the Dowry Prohibition Act and sections 61, 80 and 85 of BNS, 2023 against Prashant (applicant), Devendra Kumar, Meera Raikwar, Shalu, Kumari Shreya, Vedant alias Harsh, cousin of Prashant and uncles of Prashant namely Thakurdas and Chandrashekhar. After culmination of investigation, charge sheet has been filed in the aforesaid case against Prashant Raikwar (Petitioner No. 2) and his parents Meera and Devendra Raikwar.

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6- It is contended by the learned counsel for the petitioners that wife of petitioner No. 2 namely Nidhi Raikwar was admitted on 28.08.2024 in Avani Paridhi Health Care Private Limited, Banda due to her illness where she succumbed to her illness. It is next contended that at the time of death of the Nidhi Raikwar, respondent No. 4, who is the father of the deceased, was present in the hospital. It is also contended that petitioner No. 2 is a Government Servant and is working as Supervisor in Samaj Kalyan Department and being the father, is able to take full care of the corpus. It is also pointed out that corpus was studying in Sanskaram Play School, Karvi, Chitrakoot in L.K.G in session 2024-25, but she was taken away by respondent Nos. 4 and 5. Petitioner No. 2 has also opened an account of corpus/petitioner No. 1 in Sukanya Samridhi Yojana on 21.3.2022 in post office, Mahoba.

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7- On the other hand, learned counsel appearing on behalf of respondents No. 4 and 5 have vehemently opposed the prayer of the petitioners by contending

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that mother of the corpus was being harassed and tortured by petitioner No. 2 in her matrimonial home by her husband and in-laws. There was consistent demand of Rs. 10,00,000/- (rupees ten lac) from the side of petitioner No. 2. There were also threats of divorce from the side of petitioners. It is also pointed out that respondent No. 4 has also lodged a first information report against petitioner No. 2 and his family members under Sections 3/4 of the Dowry Prohibition Act and sections 61, 80 and 85 of BNS, 2023, in which charge sheet has been submitted and petitioner No. 2 being an accused in the conspiracy, dowry death and cruelty of corpus's mother, cannot be given the custody of the corpus.

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8- Having heard the submissions of learned counsel for the parties and going through the record of the case, I find that it is not in dispute that first information report has been lodged against petitioner No. 2 and his family members under Sections 3/4 of Dowry Prohibition Act and Sections 61, 80 and 85 of BNS, 2023 in which and after culmination of investigation charge sheet has also been submitted against petitioner No. 2 and his parents. At present, the child/corpus is being taken care of by respondent No. 4, who is maternal grandfather, who cannot said to be an stranger. Under the facts and circumstances of the case, custody of corpus/petitioner No. 1 cannot said to be illegal detention by respondent No. 4.

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9- I also find that petitioner No. 2 being father of corpus, petitioner No. 1 has an alternative remedy to approach the competent court for ventilation of his grievance under the Guardian and Wards Act.

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10-In view of the above, the writ petition is dismissed.

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11- It is made clear that in case, petitioner No. 2 approaches the competent court under the Guardians and Wards Act, this order shall not come in the way in deciding the said case on merits.

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Order Date :- 5.5.2025 Ishrat

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Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad

Utkarshini @ Pakhi (Minor) and Another v. State of U.P. and 4 Others

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Utkarshini @ Pakhi (Minor) and Another v. State of U.P. and 4 Others

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