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2025 DAILYLAW 13022 (ALL)

SONIYA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

HABC/82/2025 · 2025-02-19

Ram Manohar Narayan Mishra, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24901-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 82 of 2025 Petitioner :- Soniya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Santosh Kumar Dubey, Advocate along with Sri Krishna Kant Dubey, learned counsel for the petitioners and learned AGA for the State. 2. On 13.02.2025, the following order was passed:- "1. The case is passed over for the day so as to enable learned counsel for the petitioners to place the order passed by the Child Welfare Committee dated 2.7.2024 in pursuance whereof the corpus has been sent to Rajkiya Balika Bal Kalyan, Guatam Budh Nagar. 2. Learned counsel for the petitioners also undertakes to produce copy of the earlier petition filed before this Court. 3. Put up as fresh in the next cause list. 4. It is made clear that the question of maintainability of the present petition in view of the judgment of Full Bench in the case of Km. Rachna and another vs. State of U.P. and others 2021(3) ADJ 415 (FB) shall remain open." 3. Today, learned counsel for the petitioners sought to argue the matter on merits, however, could not dispute the fact that the present petition is not maintainable. 4. In view of the above fact that the corpus is in custody pursuant to order dated 02.07.2024 passed by the Child Welfare Committee and has been sent to Rajkiya Balika Bal Kalyan, Guatam Budh Nagar, the petition is accordingly dismissed as not maintainable in view of the judgment of Full Bench in the case of Km. Rachna (supra). 5. The petitioners are at liberty to avail the remedy as may be available to them. Order Date :- 20.2.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad