Arti And Another vs State Of U.P. And 2 Others
2021 Latest Caselaw 3577 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 186 of 2021
 

 
Petitioner :- Arti And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Satya Sinha
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Shamim Ahmed,J.

The writ petition has been filed to challenge the order passed by the C.W.C. dated 14.11.2018. An appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 lies and therefore, a writ petition against it is not maintainable.

It is more so when it cannot said to be a case of illegal detention so as to maintain habeas corpus petition.

The issue aforesaid has already been settled by the Larger Bench of this Court in the case of Km. Rachna and another Vs. State of U.P. and 4 others in Habeas Corpus Writ Petition No. 362 of 2020 decided by the judgment dated 08.03.2021. The writ petition therein was not held to be maintainable.

Accordingly, the writ petition is dismissed, however, with liberty to the petitioners to take remedies that are available under the Act of 2015.

The dismissal of the writ petition would not come in the way of the petitioners for the aforesaid.

Order Date :- 15.3.2021

Nirmal Sinha