Smt. Monika And Another vs State Of U.P. And 4 Others
2023 Latest Caselaw 10356 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 327 of 2023
 

 
Petitioner :- Smt. Monika And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Dharmendra Kumar Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Supplementary affidavit filed today is taken on record.

Heard Sri Dharmendra Kumar Yadav, learned counsel for the petitioners and the learned A.G.A for the state respondents.

Present habeas corpus petition has been filed seeking following reliefs:-

"(i) Issue a writ, order or direction in the nature of Habeas Corpus directing to the respondent no.5 to produce the corpus, Smt. Monika wife of Rajesh Kumar before this Hon'ble Court and be set their liberty forthwith.

(ii) Issue any other writ, order or direction in the nature of Habeas Corpus protecting the interest of the petitioner no.1 which this Hon'ble may deem fit and proper under the facts and circumstances of the case.

Admittedly, petitioner no.1-Smt Monika-corpus has been sent to Balika Rajkiya Grah, Khuldabad, Prayagraj pursuant to order of the Child Welfare Committee dated 20.011.2021

It is settled law that in case the corpus is in Balika Grah/Nari Niketan pursuant to the order of Child Welfare Committee, the habeas corpus petition would not be maintainable.

In this regard reference may be made to the judgment rendered by the Full Bench of this court Rachna and Another vs. State of U.P. and Others, AIR 2021 (Alld) 109.

The habeas corpus petition is accordingly dismissed.

Order Date :- 7.4.2023

Nitendra