SMT. MUSKAN TIWARI (CORPUS) AND ANOTHER v. State of U.P. AND 6 OTHERS
HABC/979/2024 · 2025-02-14
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109871 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21711 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 979 of 2024 Petitioner :- Smt. Muskan Tiwari (Corpus) And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Gaurav Gupta Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Sri Sanjai Kumar Pandey along with Sri Mahendra Pratap Yadav, learned counsels preferred vakalatnama on behalf of respondent nos. 5 to 7 which is taken on record.
2. Heard Sri Gaurav Gupta, learned counsel for petitioners, Sri Sanjai Kumar Pandey along with Sri Mahendra Pratap Yadav, learned counsels on behalf of respondent nos. 5 to 7 as well as learned AGA.
3. In pursuance of the order dated 12.12.2024, today, corpus namely Muskan Tiwari is present in person before this Court along with her mother/respondent no. 5 and father.
4. On being queried, corpus stated that she is residing with her parents on her free will and wants to stay with them.
5. In view of the statement made by corpus, it is apparent that there is no illegal detention of corpus by her mother/respondent no.5 and as such, the present petition stands dismissed.
6. Sub-Inspectors namely Achal Kumar and Ruchi Kumar who brought the corpus before the Court today are hereby directed to handover the custody of the corpus in favour of her mother and father. Order Date :- 14.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad