SMT SHANTI AND ANOTHER v. State of UP AND 4 OTHERS
HABC/850/2024 · 2025-01-16
Shree Prakash Singh, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104810 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104810 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:6833-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 850 of 2024 Petitioner :- Smt Shanti And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Manish Tripathi,Rajesh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
1. List of fresh cases revised. No one is present to press this petition.
2. On the last date also no one was present to press this petition.
3. Present petition has been filed seeking direction to the respondent nos. 2 to 5 to produce the petitioner no. 1-corpus before this Court.
4. On 3.12.2024 following order was passed:-
"None appeared on behalf of the petitioners. A report has been produced by learned A.G.A. appearing on behalf of the State which is kept on record. Learned A.G.A. for the State has raised an objection that writ petition would not lie and, in fact, petitioners had an efficacious remedy available to them for challenging of the order as per Full Bench decision of this Court passed in Km. Rachna Vs. State of U.P. reported in AIR 2021 Allahabad 109. List this case as fresh on 18.12.2024."
5. On the next date affidavit of Child Welfare Committee, Gautam Budh Nagar was taken on record.
6. We have considered the preliminary objection in respect of maintainability of the appeal in the light of judgment of Full Bench of this Court in the case of Km. Rachna and another vs. State of U.P. and others 2021(3) ADJ 415 (FB).
7. We have also perused the order dated 7.11.2024 annexed as Annexure-A to the affidavit of Child Welfare Committee.
8. Present petition is accordingly dismissed as not maintainable. Order Date :- 16.1.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad