Smt. Neetu And Another vs State Of U P And 3 Others
2023 Latest Caselaw 5151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 162 of 2023
 

 
Petitioner :- Smt. Neetu And Another
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Hemendra Pratap Singh,Anshu Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Kshitij Shailendra,J.

Heard Sri Hemendra Pratap Singh, learned counsel for the petitioners and the learned A.G.A for the state respondents.

Present habeas corpus petition has been filed seeking direction to the respondent no. 4 to set free the petitioner no. 4 forthwith.

Admittedly, the corpus has been sent to Nari Niketan pursuant to order of the Child Welfare Committee (C.W.C.) dated 24.12.2022.

It is settled law that in case the corpus is in 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 this court in Saurabh Pandey and another vs. State of U.P. 2019 (10) A.D.J. 812 (D.B.), Vijay Lakshmi vs. State of U.P. AIR Online 2021 All 3058, Vandana @ Bandana Saini Vs. State of U.P. 2021 (5) ALJ 357 and Shif @ Manu Vs. State of U.P. AIR Online 2020 All 2590.

The habeas corpus petition is accordingly dismissed.

Order Date :- 15.2.2023

Lalit Shukla