Smt. Shikha And Another vs State Of U.P. And 4 Others
2023 Latest Caselaw 6459 ALL

Citation : 2023 Latest Caselaw 6459 ALL
Judgement Date : 28 February, 2023

Allahabad High Court

Smt. Shikha And Another vs State Of U.P. And 4 Others on 28 February, 2023

Bench: Vivek Kumar Birla, Kshitij Shailendra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 
Case :- HABEAS CORPUS WRIT PETITION No. - 192 of 2023
 

 
Petitioner :- Smt. Shikha And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Anil Kumar Dubey,Ram Milan Dwivedi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Kshitij Shailendra,J.

Heard Sri Ram Milan Dwivedi, 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:-

"(A). Issue a suitable writ, order or direction in the nature of Habeas Corpus mandamus directing the respondent nos.2 to 5 to produce the detenue/corpus, Smt. Shiksha Wife of Pradeep Mishra before this Hon'ble Court as early as possible on the date fixed by this Hon'ble Court and to set her free own will & wishes and her liberty preferably in the custody of the legal guardian/husband.

(B) Issue a suitable writ, order or direction in the nature of Habeas Corpus mandamus directing the respondent nos.4 & 5 and his associates to avoid her cruelty, physically, mentally or harassment of any type with detenue/corpus by providing safety measure to her."

Admittedly, petitioner no.1-Smt. Shiksha-corpus has been sent to Balika Grah Unit-2, Surya Vihar Chaura Nai, Basti Nawabganj, Kanpur pursuant to order of the Child Welfare Committee dated 04.02.2023.

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 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 :- 28.2.2023

Nitendra