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2025 DAILYLAW 154268 (ALL)

Kumari Alka (minor) through her father Arun Kumar Yadav v. State of U.P. thru Secretary, Home deptt and 3 others

HABC/271/2025 · 2025-07-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43232 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 271 of 2025 Petitioner :- Kumari Alka (Minor) Through Her Father Arun Kumar Yadav Respondent :- State Of U.P. Thru Secretary, Home Deptt And 3 Others Counsel for Petitioner :- Angrej Nath Shukla,Kamal Bahadur Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Supplementary affidavit filed today is taken on record. 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) :- "(a) to issue a writ order or direction in the nature of Habeas Corpus directing the opposite parties to produce the petitioner (detenu) i.e. Kumari Alka before this Hon'ble Court in order to removal of wrongful private confinement of the petitioner to meet the end of justice." Considering the facts as indicated including that based upon the agreement between the parties the custody of the detenue shall be handed over to the petitioner by the opposite party No.4, this Court is not inclined to entertain the present petition in view of the remedy available to the petitioner under the Guardian and Wards Act, 1890. Accordingly, the habeas corpus petition is dismissed with liberty to the petitioner to avail the remedy available under the law. Order Date :- 28.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench