MAYA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. GOVT. LKO AND 4 OTHERS
CRLP/409/2025 · 2025-01-22
Om Prakash Shukla, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 117670 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117670 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4269-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 409 of 2025 Petitioner :- Maya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko And 4 Others Counsel for Petitioner :- Meva Lal Yadav,Suraj Saran Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J.
1. Heard the learned counsel for the petitioner and the learned A.G.A. who appears on behalf of the Opposite party nos.1, 2 and 3. 2. This petition has been filed by the petitioner for the following main prayer:-
"(i) To issue a writ, order or direction in the nature of Mandamus commanding the Opposite party nos.2 and 3 to arrest the Opposite party nos.4 and 5 and taken in custody of minor daughter of petitioner (Km. Simirita), with regard to the First Information Report dated 24.09.2024 registered as Case Crime No.0724 of 2024, under Sections 137 (2), 352, 351 (3) B.N.S. 2023, registered at Police Station Khairighat, District Bahraich, contained as Annexure No.1 to this writ petition, in the interest of justice."
3. It is the case of the petitioner that her minor daughter has been abducted by the Opposite party nos.3 and 4. 4. Learned A.G.A. on the basis of written instructions which have been produced before this Court has stated that the girl in question has been recovered and sent to the Protection Home under an order passed by the Child Welfare Committee, Hosiyarpur dated 11.11.2024. 5. It has also been observed by the Child Welfare Committee, Hosiyarpur Punjab, that Maya Devi Nishad, mother of the girl child had given a different story altogether in the F.I.R. lodged by her. She has stated in the FIR that a minor girl child was deployed by her father Rajesh Nishad son of Prasad Resident of Nawa
Bungalow at the home of Rinku resident of Gujral Nagar, Jalandhar. The child had further disclosed to the Child Welfare Committee, Hosiyarpur, the person who was driver of Rinku had brought her at home of Rinku for domestic work. The wife of Rinku namely Pooja, their children namely Arpita and Sam were living with Rinku and the girl child was working there as a domestic servant for an amount of Rs.10,000/- which was given to the father of the child as salary in advance.
The child was placed in the Girl Protection Home at Gandhi Vanita Ashram, District Jalandhar, Punjab, by an order dated
27.07.2024. 6. The copy of the Case Diary is kept on record. 7. The Instructions that have been sent by the Sub- Inspector of Police Station Khairi Ghat, District Bahraich, Mr. Mukutnath Chaudhary, are also taken on record. 8. It is evident from the said instructions that Final Report No.58 of 2024 dated 30.11.2024 has been prepared and sent to the Circle Officer, Mahsi, Bahraich, for onward submission to the Court concerned in due course. 9. This petition stands disposed of leaving it open for the petitioner to approach the Appropriate Forum for the release of her daughter, if she wants her child back. Order Date :- 22.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench