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2025 DAILYLAW 130253 (ALL)

SHIVANSHU THRU. HIS NATURAL GUARDIAN (FATHER) SUBHAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS

HABC/95/2025 · 2025-03-26

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17236 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 95 of 2025 Petitioner :- Shivanshu Thru. His Natural Guardian (Father) Subham Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Petitioner :- Prabhat Kumar Upadhyay,Pramod Kumar Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Pramod Kumar, learned counsel for the petitioner and learned AGA. This petition has been filed for custody of the alleged detenue, who is son of the deponent and his wife Rinky, who is residing in her maika with her son from the custody of respondent nos.4 and 5 who are the maternal uncle of the alleged detenue. Whereas when the mother herself is residing with the respondent nos.4 and 5 alongwih her child, it cannot be said that the child is in unlawful custody of the respondent nos.4 and 5 and there is no allegation that the wife of the deponent and the child are in unlawful custody of the respondent nos.4 and 5. Having faced with this, learned counsel for the petitioner submits that the petition may be dismissed as not pressed with liberty to avail the appropriate remedy as may be available under law. To which there is no objection by learned AGA. Dismissed as not pressed with liberty as aforesaid. Order Date :- 26.3.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench