Smt. Manvi @ Manu And Another vs State Of U.P. And 3 Others
2023 Latest Caselaw 2259 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 37 of 2023
 

 
Petitioner :- Smt. Manvi @ Manu And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vijay Kumar,Rakesh Kumar Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard Shri Vijay Kumar, learned counsel for the petitioners and the learned A.G.A for the state respondents.

Present habeas corpus petition has been filed praying for a direction to respondent no.4 to produce the corpus (petitioner no.1) namely Smt. Manvi @ Manu and set free her liberty in favour of her husband petitioner no.2.

Admittedly, the corpus has been sent to Nari Niketan pursuant to order of the Child Welfare Committee (C.W.C.) dated 31.10.2022.

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 :- 20.1.2023

Rakesh