Neutral Citation No. - 2025:AHC-LKO:37799 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 243 of 2025 Petitioner :- Master Saiyyad Mohammad Hani Adil (Minor) Thru. His Father Adil Sabir Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Petitioner :- Virendra Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This habeas corpus petition has been filed seeking following main relief (s) :- "(i) Issue a writ, order or direction in the nature of Habeas Corpus thereby directing the opposite party no.1 to 3 to produce the detenue before this Hon'ble court for releasing in favour of his father i.e. petitioner, who is detained under the illegal custody of opposite party no.4 to 6 by an illegal and arbitrary manner." Admittedly, the alleged detenue is in the custody of his mother. Accordingly, the custody of the child cannot be said to be illegal. This petition has been filed just to create pressure upon the private opposite parties. On being confronted, learned counsel for the petitioner states that he may be permitted to withdraw the present writ petition with liberty to approach the appropriate forum including the competent court of jurisdiction provided under the Guardian and Wards Act, 1890. Accordingly, the present habeas corpus petition is dismissed as withdrawn with the liberty as prayed for. At this stage, learned counsel for the petitioner Shri Virendra Kumar Shukla says that some time may be fixed for deciding the case. This request is hereby rejected for the reason that the case has not been filed till date as also fixing time to decide the case is not in consonance with the observations made by the Hon'ble Apex Court. After the aforesaid, in regard to the order which was dictated earlier, learned counsel for the petitioner Shri Virendra Kumar Shukla has submitted that the same be maintained and in regard to the subsequent part he says in the open court that "Faltu Ki Baat Kaat Dijiye". Aforesaid statement of the counsel for the petitioner is contemptuous but taking a lenient view this court finds that some cost should be imposed upon counsel for the petitioner Shri Virendra Kumar Shukla. Taking note of the aforesaid, the present habeas corpus petition is dismissed as withdrawn with liberty to the petitioner to approach the appropriate forum including the competent court of jurisdiction provided under the Guardian and Wards Act, 1890, subject to deposition of cost of Rs.10,000/- which shall be deposited with the Senior Registrar of this Court within a period of 15 days from today by Shri Virendra Kumar Shukla. The cost of Rs.10,000/- is also imposed upon the petitioner, which shall be deposited within a period of 15 days from today with the Senior Registrar of this Court. Upon deposition of the amount of cost, the same shall be released in favour of the mother of the alleged detenue (minor child). If the cost is not deposited in terms of the aforesaid, the District Magistrate/District Collector, Lucknow is directed to recover the said amount as arrears of land revenue. Office is directed to communicate this order to opposite party No.4 namely Smt. Asma Parveen, W/o Adil Sabir, D/o Sri Waris Ali, R/o 425/369, Ambarganj, Basantbagh, Thakurganj, Lucknow. Order Date :- 4.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench