Smt. Suarti Alias Swati And ... vs State Of U.P. And 4 Others
2023 Latest Caselaw 8287 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 
Case :- HABEAS CORPUS WRIT PETITION No. - 251 of 2023
 
Petitioner :- Smt. Suarti Alias Swati And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Gaurav Gupta
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Gaurav Gupta, 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:-

"(i) Issue a writ, order or direction in the nature of Habeas Corpus to produce the corpus, petitioner no. 1 (Smt. Suarti alias Swati) before this Hon'ble Court to secure the life and personal liberty of the corpus.

(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.01.2023 passed by Child Welfare Committee Bareilly.

(iii) Issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(iv) To award the cost of the petition to the petitioners."

Admittedly, petitioner no.1-Smt. Suarti alias Swati-corpus has been sent to Rajkiya Mahila Sharanalay, Bareilly pursuant to order of the Child Welfare Committee dated 21.01.2023.

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 :- 21.3.2023

Pratima