Khushbu vs State Of U.P. And 5 Others
2023 Latest Caselaw 8083 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 1065 of 2022
 

 
Petitioner :- Khushbu
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Santosh Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioner and Sri G.P. Singh, learned A.G.A. appearing for the State.

Counter affidavit filed by learned A.G.A. and rejoinder affidavit filed by leaned counsel for the petitioner are taken on record.

Present petition has been filed seeking direction to the respondent no. 6 to produce the corpus (petitioner) before this Hon'ble Court.

Admittedly, the corpus has been sent to Nari Niketan pursuant to order of the Child Welfare Committee (C.W.C.) dated 8.12.2022.

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 :- 20.3.2023

Lalit Shukla