Neutral Citation No. - 2025:AHC-LKO:10402-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 72 of 2025 Appellant :- Poonam Yadav Thru. Her Brother Rahul Yadav @ Dilip Kumar Respondent :- State of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others Counsel for Appellant :- Girdhari Lal Yadav, Neelanjali Gupta Counsel for Respondent :- C.S.C., Anand Kumar Singh (A.C.S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J. 1. The appeal is reported to be barred by limitation by 6 day. 2. C.M. Application No. 1 of 2025 has been filed seeking condonation of delay in filing the appeal. 3. For the reasons indicated in the application, supported with affidavit, the same is allowed. 4. The delay in filing the appeal is condoned. 5. This appeal is directed against the order dated 09.01.2025 passed by learned Single Judge in Writ-C No. 11291 of 2024, whereby the petition filed by the petitioner, seeking custody of his sister from respondent no. 4 and seeking formation of medical board to ascertain the correct age of the sister, has been dismissed by learned Single Judge. 6. On the allegations that the sister of the petitioner was in wrongful confinement of respondent no. 4, a Habeas Corpus Petition No. 363 of 2024 was filed, which was dismissed as withdrawn on 02.12.2024 on submissions made that the petitioner does not want to press the petition and may be granted liberty to avail remedy as available to him under law. Whereafter another Habeas Corpus Petition No. 374 of 2024 was filed before the Division Bench, wherein again prayer was made to withdraw the petition with liberty to avail appropriate remedy permissible under the law and as such the petition was dismissed as withdrawn. Now the present Writ-C was filed seeking relief pertaining to custody of the purported minor and determination of her age. Learned Single Judge, after hearing the petitioner and in view of the fact that earlier two petitions filed in the nature of habeas corpus had been dismissed, came to the conclusion that no interference was required and dismissed the writ petition. 7. Counsel for the appellant made submissions that as earlier two petitions were withdrawn with liberty to avail remedy, the Writ-C was filed by the petitioner and the same could not have been dismissed only on account of the fact that earlier two habeas corpus petitions had been dismissed. It is submitted that petitioner cannot be rendered remediless. 8. When it was put to learned counsel for the appellant that if the petition was filed seeking to avail remedy different from habeas corpus, why prayer pertaining to illegal detention of the minor was made seeking her custody, the submissions were made that petitioner does not want to press the same and only seeks formation of medical board for determination of correct age. 9. On the aspect sought to be now projected by the appellant, we notice that except for the two affidavits placed on record, no material worth the name has been placed on record to indicate that the detenue is minor whereas in the instructions produced by the State in Habeas Corpus Petition No. 363 of 2024, which has been annexed as Annexure-4 with the writ petition, the respondents-State Authorities, based on the material, which was made available when F.I.R. was lodged pertaining to kidnapping of the sister of the appellant, came to a categorical conclusion that alleged detenue was a major, i.e., she was aged about 20 years. 10. In view of the above fact situation, wherein based on the material produced before the authorities, a categorical finding has been recorded and the appellant, except for producing two self serving affidavits, has not been able to produce any material worth the name to question the said assertion made in the factual report, we find that even the plea seeking determination of age of the sister of petitioner, alleged to be detenue of respondent no. 4, can be granted. 11. There is no substance in the appeal. The same is, therefore, dismissed. Order Date :- 18.2.2025 P.Sri./Virendra (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench