Smt Kajal And Another vs State Of U.P. And 4 Others
2023 Latest Caselaw 34295 ALL

Allahabad High Court

Smt Kajal And Another vs State Of U.P. And 4 Others on 8 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:232664 
 
Court No. - 81
 
Case :- HABEAS CORPUS WRIT PETITION No. - 957 of 2023
 
Petitioner :- Smt Kajal And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ansar Ahmad,Sandhya Chaturvedi
 
Counsel for Respondent :- G.A.,Vineeta Devi
 

 
Hon'ble Mrs. Jyotsna Sharma,J.
 

1. Case called out in the revised list. None responds for either of the private parties, hence heard Sri L.D. Rajbhar, learned AGA for the State.

2. Counter affidavit filed on behalf of the State is taken on record.

3. This petition has been filed by the petitioners with the submission that the corpus has been recovered and her statements have been recorded. It is further submitted that she was produced before the Child Welfare Committee, District Auraiya and her custody was handed over to her parents i.e., father-Shiv Kumar and mother-Rambeti. The entry as regard the same has been made in their case diary (copy whereof has been annexed to the counter affidavit).

4. I perused the material on record as well as the concerned parcha of the case diary annexed with the counter affidavit.

5. The High Court of Allahabad in judgment passed in Habeas Corpus Writ Petition No. 362 of 2020 (Km. Rachna and another vs. State of U.P. and 4 Others) delivered on 08.03.2021, has clearly held in para no. 78 that a writ of habeas corpus would not be maintainable, if the detention in custody is pursuant to judicial orders passed by a Judicial Magistrate or a court of competent jurisdiction or by the Child Welfare Committee.

Relevant Question No. 1 was framed, which is as below:-

"Question No.1 : "(1) Whether a writ of habeas corpus is maintainable against the judicial order passed by the Magistrate or by the Child Welfare Committee appointed under Section 27 of the Act, sending the victim to Women Protection Home/Nari Niketan/Juvenile Home/Child Care Home?"

Answering to Question no. 1, the High Court held as below:-

"Answer : If the petitioner corpus is in custody as per judicial orders passed by a Judicial Magistrate or a Court of Competent Jurisdiction or a Child Welfare Committee under the J.J. Act. Consequently, such an order passed by the Magistrate or by the Committee cannot be challenged/assailed or set aside in a writ of habeas corpus."

The court further held that even an illegal or irregular exercise of jurisdiction by the Magistrate or by the C.W.C., cannot give cause of action for a writ of habeas corpus.

6. As the corpus was handed over to her parents, hence her detention cannot be treated as illegal from any angle. The petition is devoid of substance and is hereby dismissed.

Order Date :- 8.12.2023/#Vikram/-