Allahabad High Court
Smt. Sony Kumari Gupta Urf Sonam And ... vs State Of U.P. And 4 Others on 19 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- HABEAS CORPUS WRIT PETITION No. - 524 of 2020 Petitioner :- Smt. Sony Kumari Gupta Urf Sonam And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Parmeshwar Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Parmeshwar Yadav, learned counsel for the petitioners and Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the record.
This habeas corpus writ petition has been filed on behalf of the petitioners directing the respondents to produce Smt. Sony Kmari Gupta Urf Sonam Daughter of Brijnarayan Gupta, Resident of village Shitalapur, Post Ledi Form, P.S. Nichlaul, district Maharajganj before this Court and release the petitioner no.1 from the custody of respondent no.4.
Learned AGA has raised a preliminary objection regarding maintainability of the prayer made in the writ petition and pointed out that the victim/corpus has been sent to Nari Niketan in pursuance of the order of A.C.J.M, Maharajganj dated 10.9.2020, hence it cannot be said that the corpus-petitioner no.1 is in illegal detention. The FIR has also been registered by against petitioner no.2 for offence under Sections 363, 366, 504, 506 IPC and 16/17 POCSO Act which was registered as Case Crime No.64 of 2020 to which learned counsel for the petitioners states that the petitioner no.2 was granted interim protection vide order dated 18.6.2020 in Criminal Misc. Writ Petition No.3769 of 2020 in pursuance of which the victim was produced before the C.J.M. concerned who has considered her application which was moved by the aunt of the corpus and the said application of the applicants has been rejected to which learned AGA states that there appears to be no application on behalf of the petitioners.
Accordingly, the present Habeas Corpus Writ Petition is dismissed as not maintainable with liberty to the petitioner to avail appropriate legal remedy available under law before the appropriate forum.
Order Date :- 19.10.2020 Gaurav