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2025 DAILYLAW 170669 (ALL)

MASTER VISHWAM DWIVEDI THRU. MATERNAL GRANDFATHER SHRI SHARDA PRASAD TIWARI AND ANR. v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

HABC/399/2024 · 2025-04-15

Rajnish Kumar

body2025

Judgment text

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Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 399 of 2024 Petitioner :- Master Vishwam Dwivedi Thru. Maternal Grandfather Shri Sharda Prasad Tiwari And Anr. Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Petitioner :- Shubham Tripathi,Parth Anand,Utkarsh Srivastava Counsel for Respondent :- G.A.,Abhineet Jaiswal,Shreya Jaiswal Hon'ble Rajnish Kumar,J. Shri Shubham Tripathi, learned counsel for the petitioners alongwith Shri Pawan Awasthi, Advocate submits that in view of the statement made on behalf of the respondent nos.5, 6 and 7 that the custody of the minor child has been transferred to the father upon his release from jail in pursuance of the order dated 06.03.2025 passed in the bail application filed before this Court, after 10.03.2025, the petitioners have filed a petition against the father, therefore, they do not want to press this petition and this petition may be dismissed as not pressed with liberty to file a fresh petition for custody of minor child against the private respondents or any other person, if occasion arises because the bail order, on the basis of which the father has been released from jail, has been challenged by the deponent Shri Sharda Prasad Tiwari before the Hon'ble Supreme Court in dairy no.18536 of 2025 (Sharda Prasad Tiwari Vs. State of U.P. and Another) in which the order passed by this Court may be set- aside. To which there is no objection by Shri Abhineet Jaiswal, learned counsel for the respondent nos.5, 6 and 7. In view of above, this petition is dismissed as not pressed with liberty as aforesaid. ...................................................................(Rajnish Kumar, J.) Order Date :- 15.4.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench