Neutral Citation No. - 2025:AHC-LKO:12122-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 88 of 2025 Appellant :- Prabha Shankar Dwivedi And 2 Others Respondent :- Master Vishwam Dwivedi Thru. His Maternal Grandfather Sharda Prasad Tiwari And 5 Others Counsel for Appellant :- Lalta Prasad Misra,Abhineet Jaiswal,Shreya Jaiswal,Utsav Mishra Counsel for Respondent :- Shubham Tripathi,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Manish Kumar,J. 1. Heard Dr.L.P. Mishra, learned counsel for the appellants and Sri S.C.Mishra, learned senior counsel assisted by Sri Shubham Tripathi and Sri Parth Anand, learned counsel for the respondents. 2. The intra-court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is directed against the interlocutory order passed by the writ court in Habeas Corpus Writ Petition No.399 of 2024 (Master Vishwam Dwivedi and Anr. vs. State of U.P and Ors.). The challenge against the interlocutory order is two-fold; firstly the production of the children through S.H.O. concerned on 04.03.2025 is impractical when the annual examination of one of the minor children is going on. The last paper as per the timetable is scheduled to be held on 08.03.2025. 3. Second submission made by learned counsel for the appellants is to the effect that the appearance of the children through police authorities would cause an undue fear and embarrassment to the children and would bring a bad name to the guardians in the vicinity, therefore, once the guardians in whose custody the minor children are living are ready to produce them before the court in terms of the order passed, direction issued to the S.H.O may be exempted. 4. We have considered the submissions made before us. 5. Learned counsel for the respondents do not have any objection if the children are produced by the appellants themselves. 6. In these circumstances, the direction for production of children by the S.H.O concerned deserves modification. 7. We accordingly modify the interim order passed by the writ court to the extent that the appellants shall produce the minor children before the writ court on 20.03.2025. 8. We also provide that the writ court after exchange of the pleadings shall consider and decide the matter finally in the light of rival contentions set up in the pleadings. 9. The intra-court appeal is accordingly disposed of. (Manish Kumar,J.) (Attau Rahman Masoodi,J.) Order Date :- 28.2.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench