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2025 DAILYLAW 147548 (ALL)

NISTHA SINGH THRU. MOTHER SMT. GEETA SINGH AND ANOTHER v. STATE OF U.P THRU. PRIN. SECY. HOME LKO. AND OTHERS

HABC/229/2025 · 2025-07-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38161 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 229 of 2025 Petitioner :- Nistha Singh Thru. Mother Smt. Geeta Singh And Another Respondent :- State Of U.P Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Devendra Nath Tripahti Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Heard. Present petition has been filed for the following main relief:- "(i) Issue a writ, order or direction in the nature of Habeas Corpus commanding and directing the opposite party nos.1 to 5 concerned to produce the detenue / petitioners before this Hon'ble Court in person after getting released them from the illegal detention of the opposite party no.6 and after recording their statement, they may be allowed to live and reside with their natural guardian i.e. mother, in the interest of justice." On being confronted after taking note various aspects of the case including that to establish the facts as stated in para 8 of the petition, relevant documents have not been placed on record, the learned counsel for the petitioners submits that he may be permitted to withdraw the present petition with liberty to petitioners to avail the remedy as available to them under the law including under the provisions of Guardians and Wards Act, 1890 which shall be decided expeditiously. To the aforesaid prayer, there is no objection. Accordingly, the present petition is dismissed with liberty to petitioners as prayed for. In case, petitioners institute a case for custody of minors as per law, then, the same shall be decided by the Court concerned expeditiously. Order Date :- 7.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench