Allahabad High Court
Khushi Shukla And Another vs State Of U.P. And 3 Others on 2 May, 2023
Bench: Rahul Chaturvedi, Gajendra Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 405 of 2023
Petitioner :- Khushi Shukla And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Parmatma Prasad Pandey,Dan Bahadur
Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Hon'ble Gajendra Kumar,J.
Heard Shri P.P. Pandey and Shri Dan Bahadur, learned counsels for the petitioners and learned A.G.A. Perused the record.
The present habeas corpus writ petition is being filed with the following prayers :
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to produce the corpus Khushi Shukla before this Hon'ble Court and set on her liberty.
(b) Issue a writ, order or direction in the nature of certiorari to quash the order dated 09.02.2023 (Annexure No.6 to this writ petition) passed by the Bal Kalyan Samiti, Prayagraj."
Contention raised by learned counsel for the petitioners is that an F.I.R. was registered way back on 21.10.2022 for the incident said to have taken place on 7.6.2022 u/s 363 I.P.C. at Police Station-Karchhana, District Yamuna Nagar (Commissionerate Prayagraj) against unknown person for the alleged act of enticing away the daughter of informant. The girl was eventually recovered and she has given statement u/s 161 Cr.P.C. to the effect that on her own she joined the company of petitioner Jay Prakash @ Jay Prakash Singh and she also revealed the atrocities faced by her at the end of her family members. Thereafter, her 164 Cr.P.C. statement was recorded in which she on similar lines stated that her own parents are targeting her and maltreating her and she has got married with Jay Prakash @ Jay Prakash Singh in the month of May, 2022. However, Child Welfare Committee, Prayagraj after considering the entirety of circumstances have directed to send the girl to Rajkiya Bal Grih (Balika), Prayagraj by order dated 09.02.2023 and since then she is confined in Rajkiya Bal Grih (Balika), Prayagraj.
Per contra, learned A.G.A. has rebutted the submissions raised by learned counsel for the petitioner by making a mention that the corpus was sent in Rajkiya Bal Grih (Balika), Prayagraj by a judicial order, therefore, the present habeas corpus writ petition is not maintainable in view of the law laid down by Full Bench of this Court in Km. Rachna and another vs State of U.P. and others.
We have heard the submissions advanced by learned counsel for respective parties and gone trough the Ful Bench judgment of this Court in the case of Km. Rachna and another vs State of U.P. and others passed in Habeas Corpus Writ Petition No.362 of 2020 on 8.3.2021. At this juncture it would be imperative to reproduce the relevant extract of the judgment, herein below :
"79. We accordingly come on our conclusion in respect of question nos. 1, 2 and 3 for determination as follows :-
Question No.1 : "(1) Whether a writ of habeas corpus is maintainable against the judicial order passed by the Magistrate or by the Child Welfare Committee appointed under Section 27 of the Act, sending the victim to women Protection Home/Nari Niketan/Juvenile Home/Child care Home?
Answer : If the petitioner corpus is in custody as per judicial orders passed by a Judicial Magistrate or a Court of Competent Jurisdiction or a Child Welfare Committee under the J.J. Act. Consequently, such an order passed by the Magistrate or by the Committee cannot be challenged/assailed or set aside in a writ of habeas corpus."
Under the circumstances, after taking guidance of aforesaid authority, it is crystal clear that the habeas corpus petition against the judicial order, whereby custody of corpus was granted, is not maintainable. However, the petitioner is at liberty to invoke proper remedy available to him under the scheme of law.
With the above observation, this Habeas Corpus Writ Petition stands disposed off.
Order Date :- 2.5.2023
M. Kumar
