Kumari Rajani Nishad vs State Of U.P. And 3 Others
2023 Latest Caselaw 34631 ALL

Allahabad High Court

Kumari Rajani Nishad vs State Of U.P. And 3 Others on 11 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:234297
 
Court No. - 81
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 920 of 2023
 
Petitioner :- Kumari Rajani Nishad
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shravan Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Jyotsna Sharma,J.
 

1. Heard Sri S.K. Mishra, learned counsel for the petitioner and Sri Ram Kumar Verma, the learned A.G.A. for the State.

2. This habeas corpus petition has been filed by the mother and natural guardian of the corpus with the allegations that she has been abducted by respondent no. 4. On her information, a case crime no. 308 of 2023 under sections 363, 366 I.P.C. has been registered.

3. The learned A.G.A. submits that during the investigation, the corpus was recovered and was produced before the C.W.C. The C.W.C. Azamgarh has already passed an order under Rule 18(5), 18(9) and 19(28) of the Juvenile Justice Rules directing her to be kept in the protection house. This factual position could not be denied by the petitioner.

4. 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.

5. As the corpus is lodged in a protection home under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, hence her detention cannot be treated as illegal from any angle. The petition is devoid of substance and is hereby dismissed.

6. A copy of the order passed by the C.W.C. Azamgarh, be kept on record.

Order Date :- 11.12.2023

Sumit Kumar