Raghuveer & 2 Others vs State Of U.P. & 3 Others
2016 Latest Caselaw 4447 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 19059 of 2016
 

 
Petitioner :- Raghuveer & 2 Others
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- Santosh Kumar Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Abhai Kumar,J.

Counter affidavit filed today on behalf of Ganpat- respondent no. 4 by Sri Raj Kumar Sharma, counsel for respondent no. 4, which is taken on record.

Respondent no. 4 alongwith corpus present. Petitioner nos. 1 and 2 (minor) are present in Court and has stated that they wants to live with respondent no. 4. It is also stated by them that in case they go to house of petitioner no. 1, they will be beaten as their mother was beaten wherein it is stated by learned counsel for the petitioners that corpus are under pressure as they are living with respondent no. 4 for the last two years. They are not giving their independent opinion whereas learned counsel for the respondent no. 4 submitted that due to harassment mother of corpus was living with him. The expenses for treatment of mother of the corpus was made by him, even in the funeral petitioner no. 1 did not turn up.

In spite of all this facts petitioner no. 1 is natural guardian of the corpus after the death of parents of corpus.

Seeing the fact that corpus are living with respondent no. 4 and they might be influence by him, in the circumstances it is ordered that till the next date fixed, on every Sunday petitioner no. 1 will meet the corpus at the house of respondent no. 4 for two hours between 11:00 a.m to 4:00 p.m so that some bonds may develop between the corpus and petitioners.

Respondent no. 4 will not object and will not create any issue during the period of meeting between petitioner no. 1 with the corpus. In case, any hindrance made by the respondent no. 4 then an application before the S.S.P. can be made by petitioner no. 1 and then a constable will be deputed by the S.S.P. Mathura, in the period when the petitioner is allowed to meet the corpus.

On the next date of hearing the respondent no. 4 will remain present personally alongwith the corpus and further statement will be taken on that date.

Petitioner no. 1 is directed to submit a bank draft of Rs. 5,000/- (five thousand) in the name of respondent no. 4 in the office of Registrar General within fifteen days. On the next date of listing that bank draft will be handed over to respondent no. 4, in case he appears with corpus.

List on 17th October, 2016.

Order Date :- 21.07.2016.

Vinod.