Parul And Another vs State Of U.P. And 2 Others
2021 Latest Caselaw 3745 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 131 of 2021
 

 
Petitioner :- Parul And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vijay Kumar Pandey,Rajeev Pandey
 
Counsel for Respondent :- G.A.,Pankaj Bharti
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Shamim Ahmed,J.

Personal affidavit filed on behalf of Sub Divisional Magistrate, Sadar, District Muzaffar Nagar, is taken on record.

This habeas corpus writ petition has been filed alleging illegal detention of the corpus Parul.

We find that corpus Parul has been sent to the Children Home/Women Shelter Home, Meerut by order dated 19.1.2021 passed by Child Welfare Committee, Muzaffar Nagar, thus it is not a case of illegal detention. The said order has not been challenged and otherwise if the petitioners are aggrieved by the said order, remedy was available to them.

In view of the above, this writ petition would not be maintainable in the light of the judgment of the Larger Bench of this Court in Habeas Corpus Writ Petition No.362 of 2020, Km. Rachna and another vs. State of U.P. and 4 others, decided on 8.3.2021.

The writ petition is accordingly dismissed. It is, however, with liberty to the petitioners to take appropriate remedy as available to them under the law.

Order Date :- 16.3.2021

SP