MASTER MOHIM RAHMAN KHAN @ MAHI THRU. HIS FATHER AHMUD UR RAHMAN KHAN @ ABDUL RAHMAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 6 OTHERS
HABC/266/2025 · 2025-07-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152431 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152431 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41798 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 266 of 2025 Petitioner :- Master Mohim Rahman Khan @ Mahi Thru. His Father Ahmud Ur Rahman Khan @ Abdul Rahman Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 6 Others Counsel for Petitioner :- Mohd. Ghayasuddin Khan,Vijay Pratap Singh 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) :-
"That in case if the Opposite parties Nos.4 to 7 failed to produce the corpus of the petitioner within the stipulated time fixed by the Hon'ble Court the Opp. parties No. 1 to 3 may be directed to ensure the production of the corpus of the petitioner in the Court in the safe manner and after recording his free statement he may be given in the custody of the his father Ahmud Ur Rahman Khan alias Abdul Rahman." Considered the facts of the case, as indicated, including that child is staying with the opposite party Nos. 5 & 6 (maternal grand parents) for a period of about 08 years as according to paragraph 6 of the present petition, the wife of the petitioner left her matrimonial home on account of matrimonial dispute/discord on 04.06.2017 to stay with the opposite party Nos. 5 & 6, her parents, as also the copy of birth certificate of minor and copy of the first page of passport of minor annexed as Annexure Nos. 2 and 3 according to which the minor was born at Aligarh. Upon due consideration of aforesaid, this Court is not inclined to entertain the present petition for the relief sought. Accordingly, the instant habeas corpus petition is dismissed, leaving it open for the petitioner to avail the remedy as available under law. Order Date :- 22.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench