Dismissed¶10

Akanksha Minor and 2 Others v. State of U.P. and 3 Others

Allahabad HC7 Mar 2025HABC/187/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Habeas Corpus Writ Petition No. 187 of 2025; custody of minor daughter aged about 5 years; illegal detention by maternal grandmother (respondent no. 4); petitioner no. 3 natural guardian father; petitioners implicated in FIR Case Crime no. 0469 of 2024; Sections 80, 85, 115(2) B.N.S.; Section 3/4 Dowry Prohibition Act; interim protection in Criminal Misc. Writ Petition No. 2230 of 2025; Division Bench order dated 07.02.2025; report under Section 193(3) B.N.S.S. awaited; petition dismissed at this stage; liberty to raise similar prayer later; Justice Saurabh Srivastava; decided 07.03.2025.

What did the court decide?

No substantive relief; petitioners given liberty to raise a similar custody prayer, to be considered after submission of the investigating officer's report under Section 193(3) B.N.S.S. ¶10

Akanksha Minor and 2 Others vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; petitioners given liberty to raise a similar custody prayer, to be considered after submission of the investigating officer's report under Section 193(3) B.N.S.S.

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Issue for consideration

Whether petitioner no. 3, the natural guardian father, is entitled to custody of his minor daughter Akanksha (aged about 5 years) alleged to be illegally detained by respondent no. 4, the maternal grandmother. +1 more

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Court's answer

Considering the Division Bench order dated 07.02.2025 and the facts of the matter, the writ petition is dismissed at this stage; the petitioners remain at liberty to raise a similar prayer, which will be considered by this Court after submission of the concerned investigating officer's report under Section 193(3) B.N.S.S.

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Ratio / Principle

Although petitioner no. 3, as natural guardian, has exclusive right to the custody of his minor daughter, the petitioners' implication in the FIR registered at Case Crime no. 0469 of 2024 has to be considered at the time of considering the custody prayer made in the instant petition.

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Detailed headnote1 paragraphs

Habeas corpus writ petition regarding custody of a minor girl (Akanksha, aged about 5 years) alleged to be illegally detained by respondent no. 4, her maternal grandmother, dismissed at this stage by the Allahabad High Court (Saurabh Srivastava, J.). Although petitioner no. 3, the child's father, is acknowledged as natural guardian with exclusive right to custody, the petitioners' implication in FIR Case Crime no. 0469 of 2024 (Sections 80, 85 and 115(2) B.N.S.; Section 3/4 Dowry Prohibition Act) had to be considered before the prayer. Taking into account the Division Bench order dated 07.02.2025 and the interim protection earlier granted in Criminal Misc. Writ Petition No. 2230 of 2025, the Court dismissed the petition but left the petitioners free to renew the prayer after submission of the investigating officer's report under Section 193(3) B.N.S.S. Order dated 07.03.2025; Neutral Citation 2025:AHC:33796.

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Neutral Citation No. - 2025:AHC:33796

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Court No. - 79

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Case :- HABEAS CORPUS WRIT PETITION No. - 187 of 2025 Petitioner :- Akanksha Minor And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vaibhav Kumar Verma,Vikendra Kumar Srivastav

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Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Vikendra Kumar Srivastava, learned counsel for the petitioners and learned AGA for the State.

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The instant petition has been preferred with specific allegation against respondent no. 4 that his minor daughter Akanksha, aged near about 5 years, is illegally detained by respondent no. 4 being maternal grandmother.

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As per the facts mentioned by learned counsel for the petitioners that wife of the petitioner no. 3 has already been expired due to some serious ailment as mentioned in the postmortem report which has been observed by Division Bench of this Court while entertaining Criminal Misc. Writ Petition No. 2230 of 2025 preferred at the behest of the petitioners, wherein interim protection has already been extended in favour of the petitioners till submission of report under Section 193(3) B.N.S.S.

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Although being natural guardian, it is the petitioner no. 3 having exclusive right to have the custody of his minor daughter but once the petitioners are implicated in the FIR registered at Case Crime no. 0469 of 2024 under Sections 80, 85 and 115(2) B.N.S. and Section 3/4 of Dowry Prohibition Act, the same has to be considered at the time of considering the prayer as made in the instant petition.

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Considering the order dated 07.02.2025 passed by Division Bench of this Court as well as factum of the matter, the instant writ petition is hereby dismissed at this stage , however, the petitioners will be at liberty to raise similar prayer which will be subject to consideration by this Court after submission of report by concerned investigating officer under Section 193(3) B.N.S.S.

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Order Date :- 7.3.2025 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Akanksha Minor and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Akanksha Minor and 2 Others v. State of U.P. and 3 Others

Case brief

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What the court decided

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