SMT. SHIRAJUL NISHA THRU. HER HUSBAND SARAF RAJ v. STATE OF U.P. THRU. PRIN. SECY. /ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS
HABC/241/2025 · 2025-07-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148980 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148980 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38347 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 241 of 2025 Petitioner :- Smt. Shirajul Nisha Thru. Her Husband Saraf Raj Respondent :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Lko. And 4 Others Counsel for Petitioner :- Himanshu Tiwari,Vedika Dwivedi Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Heard. Present petition has been filed for the following main relief:-
"1. Issue, issue a writ, order or direction in the nature of Habeas Corpus commanding the opposite parties, particularly opposite party no.4 &5, to produce the detenue/petitioner before this Hon'ble Court forthwith and set her free at her liberty." Sri Vinay Kumar Shahi, learned AGA for the State, based upon the instructions, submits that custody of the petitioner was given to her parents in terms of order of C.W.C., Lucknow. The copy of the instructions placed before this Court is taken on record. After taking note of aforesaid and the judgment passed by the Full Bench in the case of Rachna & Another v. State of U.P. & Others, 2021 SCC OnLine All 211, on being confronted, the
learned counsel for the petitioner submits that she may be permitted to withdraw present petition with liberty to petitioner to avail appropriate remedy as available to the petitioner under the law. Accordingly, the present petition is dismissed as withdrawn with liberty to petitioner as prayed for. In case, petitioner institutes 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