Smt. Sneha And Another vs State Of U.P. And 3 Others
2023 Latest Caselaw 35635 ALL

Allahabad High Court

Smt. Sneha And Another vs State Of U.P. And 3 Others on 18 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:239056
 
Court No. - 81
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 1035 of 2023
 

 
Petitioner :- Smt. Sneha And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anjeet Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Jyotsna Sharma,J.
 

1. Heard Sri Anjeet Singh, learned counsel for the petitioners and Sri L.D. Rajbhar, learned A.G.A. for the State and perused the record.

2. The petitioners' case is that petitioner no.2 got married to petitioner no.1. As father of the petitioner no.1 the corpus did not approve this marriage, he took his daughter away and has refused to return to him.

3. Learned A.G.A. submits that in this matter grand mother of the corpus has lodged an F.I.R. case crime no.84 of 2023, under Sections 363, 366 and 506 I.P.C. against petitioner no.2 Mohit. The abducted girl was recovered; her statement has been recorded. She was produced before C.W.C. As she was found minor, C.W.C. Etawah, by order dated 21.03.2023 gave the girl under care and protection of her parents.

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 was lodged in a juvenile 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.

Order Date :- 18.12.2023

Asha