Ayush Kumar Chauhan (Minor) & ... vs State Of U.P. & 4 Others
2016 Latest Caselaw 5108 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 36911 of 2016
 

 
Petitioner :- Ayush Kumar Chauhan (Minor) & Another
 
Respondent :- State Of U.P. & 4 Others
 
Counsel for Petitioner :- Tej Bhanu Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Heard the learned counsel for the petitioners and the learned A.G.A.

This petition has been filed by the father of petitioner no.1 to produce the corpus/petitioner no. 1, who is said to be in illegal detention of respondent nos. 4 and 5 and it has been prayed that an order/direction/writ in the nature of Habeas Corpus may be issued.

It is submitted that respondent no. 4 is the mother of the corpus/petitioner no. 1, the age of the corpus is more than five years, hence petitioner no. 2 is the natural guardian of the corpus as he has attained the age of five years. The custody of the minor by the mother cannot be said to be illegal. In the circumstances,

Issue notice to respondent nos. 4 and 5, who may file counter affidavit, if any, within four weeks from today.

The petitioner is also directed to submit a demand draft of Rs.15,000/- in favour of respondent no. 4 in the office of the Registrar General of this Court and only after the submission of the demand draft notice will be issued. The petitioner is also directed to get the service by speed post.

List on 22.9.2016.

Order Date :- 10.8.2016

N.A.