Smt. Soni And Another vs State Of U.P. Thru Secy. And 3 ...
2014 Latest Caselaw 9795 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 44299 of 2014
 

 
Petitioner :- Smt. Soni And Another
 
Respondent :- State Of U.P. Thru Secy. And 3 Others
 
Counsel for Petitioner :- Vijay Shankar Tripathi,Vinod Shankar Tripathi
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Akhtar Husain Khan,J.

Heard learned counsel for petitioners and perused writ petition.

By filing this writ petition the petitioners have prayed to issue a writ, order or direction in the nature of certiorari quashing impugned order dated 26.7.2014 passed by Judicial Magistrate, Fareedpur, District Bareilly  with further prayer to issue a writ, order or direction in the nature of habeas corpus  directing respondent no.4  to produce petitioner no.1 before this Court.

Admittedly, corpus has been given in superdgi of respondent no.4 in pursuance of order dated 26.7.2014 passed by Judicial Magistrate, Fareedpur, District Bareilly.  Till said order of Judicial Magistrate exists custody of respondent no.4 may not  be said to be illegal. Therefore, in this writ petition main prayer is prayer for quashing of order dated 26.7.2014 passed by Judicial Magistrate, Fareedpur, District Bareilly  which is subject matter of criminal writ jurisdiction and such matter is not cognizable by this Court.

Therefore office is directed to list this writ petition before appropriate bench in the next cause list. 

Order Date :- 10.12.2014

RU