GAUTAM SHARMA v. MASTER ANANT SHARMA THRU. HIS MOTHER/NEXT FRIEND CHANDANI SHARMA AND 3 OTHERS
SPLAD/55/2025 · 2025-02-10
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122403 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122403 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8361-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 55 of 2025 Appellant :- Gautam Sharma Respondent :- Master Anant Sharma Thru. His Mother/Next Friend Chandani Sharma And 3 Others Counsel for Appellant :- Saurabh Yadava,Puneet Chandra Counsel for Respondent :- Alok Kr. Misra,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. C.M. Application No.1 of 2025 (Application for condonation of delay in filing the Special Appeal):
1. Heard Sri Puneet Chandra, the learned counsel for the appellant, the learned Additional Chief Standing Counsel appearing on behalf of the State, Sri Alok Kumar Misra, the
learned counsel appearing on behalf of the opposite party no.1 and perused the records.
2. The instant intra-Court Appeal filed by the State is delayed by 196 days as on the date of filing i.e. 05.02.2025.
3. The appeal is accompanied with an application seeking condonation of delay supported by an affidavit. In the affidavit filed in support of the delay condonation application, we find that just and plausible reasons have been disclosed by the applicant-appellant seeking condonation of delay.
4. In absence of any objection and the explanation offered being bona fide, the application for condonation of delay is allowed and the delay in filing the appeal is condoned.
5. Let the Special Appeal be assigned a regular number.
Order on the Special Appeal:
6. The instant intra court appeal is directed against an interlocutory order dated 19.07.2024, passed in Habeas Corpus Writ Petition (HABC) No.203 of 2024, where-after a series of orders have come to be passed in the habeas corpus petition, which is pending. Essentially production of the child is directed by the writ court. The matter is pending. The impugned order passed by the writ court for production of minor child does not call for any interference. On production of the child before the writ court the writ court, the matter is requested to be dealt with in accordance with law.
7. The appellant who is present in person before this court undertakes to produce the minor child before the writ court on 28.02.2025 unfailingly in terms of orders passed.
8. The special appeal is accordingly disposed of. [Subhash Vidyarthi, J.] [A.R. Masoodi, J.]
Order Date :- 10.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench