SHANU ALIAS NAITIK RASTOGI THRU. HIS FATHER VIJAY NARAYAN RASTOGI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 6 OTHERS
HABC/248/2025 · 2025-07-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150214 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150214 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38824 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 248 of 2025 Petitioner :- Shanu Alias Naitik Rastogi Thru. His Father Vijay Narayan Rastogi Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 6 Others Counsel for Petitioner :- Roshan Babu Gupta,Vaibhav Shukla Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. The present petition has been filed for the following main reliefs:-
"I. Issue a writ, order, or command in the nature of Habeas Corpus commanding Opposite Party Nos. 2 & 3 (state respondent to produce the corpus of the detenu, namely Shanu alias Naitik Rastogi S/o Vijay Narayan Rastogi, from the illegal custody of opposite party no. 4 to 7 (private respondents herein) before this Hon'ble Court forthwith, and after ascertaining his well-being, hand over his lawful custody to the petitioner, his natural father and legal guardian." Considered the various aspect of the case including the specific averments made in paragraph 19 of the present petition, which reads as under:-
"That it is pertinent to mention here that petitioner had also filed suit under section 7 read with section 25 of Guardian and Wards Act 1890 and under section 6 of Hindu Minority and Guardian Ship Act 1956 for getting the custody of his younger child before the Learned Family Court Hardoi 17.01.2022." Taking note of the aforesaid admitted position, this Court is not inclined to entertain the present petition. It is dismissed with liberty to pursue the remedy as already availed. Order Date :- 9.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench