Neutral Citation No. - 2025:AHC-LKO:8592 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 358 of 2024 Petitioner :- Km. Poonam Devi Thru. His Father Vishambhar Dayal Respondent :- State Of U.P Thru. Prin. Secy. Home Lko. And 7 Others Counsel for Petitioner :- Ram Kishor Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. The present writ petition has been moved with prayer to issue a writ, order or direction in the nature of HABEAS CORPUS commanding and directing the opposite party nos.4 to 8 to produce the detenue namely Km. Poonam Devi, daughter of Vishambhar Dayal, who is in the illegal detention of the opposite party nos.4 to 8 before this Hon'ble Court. It is submitted by learned counsel for the petitioner that in this case daughter of the petitioner was taken away by respondent no.4- Sunil regarding which an F.I.R. was lodged as Crime No.243/2024, under Section 363, 366 I.P.C. The daughter was minor at that time as a result she was handed over in the custody of the petitioner by order dated 04.07.2024 by C.W.C. In the meantime, the child/girl was taken away by respondent no.4 again regarding which he moved an application before the S.P. concerned but no F.I.R. was lodged in the matter, therefore, request to direct the police to produce the detenue before this Court and hand over the custody. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., the order passed by C.W.C. for handing over the custody of the child to the petitioner and the perusal of instructions, it appears that in this case custody was handed over to the petitioner but later on she is alleged to be taken away by respondent no.4. In this regard, the petitioner has an option to lodge an F.I.R. against respondent no.4 and in case his F.I.R. is not being lodged, he has remedy which he can avail in accordance with law. Accordingly, this writ petition is disposed of finally. Order Date :- 11.2.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench