A habeas corpus writ petition seeking recovery of a minor from alleged illegal custody was withdrawn after counsel conceded an FIR had been lodged against the alleged captor. The court dismissed the petition with liberty to file a fresh petition under the correct provision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2025:AHC-LKO:39865
Court No. - 13
Case :- HABEAS CORPUS WRIT PETITION No. - 252 of 2025
Petitioner :- Nidhi Prajapati (Minor) Thru. Her Father Pappu Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shiv Shankar Singh,Vimal Kishor Singh Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
Heard.
The present petition has been filed for the following main relief:-
"i. A writ order or direction in the nature of HABEAS CORPUS directing the Opp. Parties to recover the detenue from illegal custody of the Opp. Party No. 4 and produce the detenue before the Hon'ble Court and set her free forthwith."
On being confronted, after taking note of the fact that petitioner has lodged an FIR making allegations against the opposite party no.4, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to file a fresh in correct provision and with proper pleadings and documents in support thereof.
To the aforesaid prayer, learned A.G.A. has no objection.
Accordingly, the present petition is dismissed with liberty as aforesaid.
Office is directed to return back all the certified/original copies of order and documents, annexed in the present petition, to the learned Counsel for the petitioner, if he applies for the and submit the copies of same.
Order Date :- 14.7.2025 Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the habeas corpus petition should be permitted to be withdrawn so it could be refiled under the correct provision with proper pleadings?
Nidhi Prajapati (Minor) Thru. Her Father Pappu
State Of U.P. Thru. Prin. Secy. Home Lko.
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
