XXX (MINOR) THRU. HER MOTHER BINDOO DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS
HABC/364/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168368 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168368 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 364 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Rama Shankar Pandey, learned counsel for the petitioner, and Shri Avishesh Kumar Singh, learned Additional Government Advocate, and perused the material available on record.
2. The instant petition, seeking issuance of a writ of Habeas Corpus, has been filed by a 13-year-old girl, through her mother, stating that the girl was enticed away by the opposite party No. 4 on 15/09/2025. The petitioner claims to have given an application to the police station concerned on 16/09/2025, but there is nothing on record to indicate that the aforementioned application was, in fact, given to the police on that date. Another application, dated 24/09/2025, sent to the police, has been annexed with the petition, along with the postal receipt affixed thereon. The present petition has been filed on 25/09/2025.
3. From the aforementioned averments in the writ petition, prima facie it appears that the minor girl went with her friend due to affectionate relations between them, regarding which the petitioner sent an application through the post on 24/09/2025. The present writ petition has been filed without awaiting service of the aforesaid letter to the police, and further action Versus Counsel for Petitioner(s) : Rama Shankar Pandey Counsel for Respondent(s) : G.A. Xxx (Minor) Thru. Her Mother Bindoo Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Respondent(s)
being taken by the police. Keeping in view the aforesaid facts, no interference is warranted in the present petition. The writ petition is disposed of accordingly, leaving it open for the Police to take appropriate action on the application sent by the petitioner through registered post on 24/09/2025. September 26, 2025 A.Nigam HABC No. 364 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench