ANSH THRU. HIS UNCLE AND NATURAL GUARDIAN ABHISHEK KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
HABC/403/2025 · 2025-11-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172883 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172883 (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. - 403 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 2. The present Habeas Corpus petition has been filed for the following main relief (s):-
"(A) to issue a writ, order or direction in the nature of Hebeas Corpus setting the petitioners at liberty after summoning them from the custody the opposite parties no. 4."
3. The present habeas corpus petition has been filed by Abhishek Kumar son of late Rajendra Kumar alleging himself to be the uncle of the minors namely Ansh, aged about 11 years, son of late Ashwani Kumar and Kajal, aged about 13 years, daughter of late Ashwani Kumar. 4. The petition has been filed for the relief(s), quoted above, based upon the allegations that the opposite party No.4 is not legally wedded wife of late Ashwani Kumar. 5. Learned A.G.A. Shri S.P. Tiwari based upon the instructions dated 06.11.2025, copy of which has been placed before this court and is taken on record, submitted that according to the Succession Certificate dated 3rd October, 2025 issued from the office of the District Magistrate, Hardoi, the Versus Counsel for Petitioner(s) : Uttam Kumar Awasthi, Ved Prakash Sharma Counsel for Respondent(s) : G.A. Ansh Thru. His Uncle And Natural Guardian Abhishek Kumar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
opposite party No.4 is the mother of the minors, named above, on whose behalf the present petition has been filed and it also indicates that the opposite party No.4 was married to late Ashwani Kumar Agnihotri. 6. On a query being put with regard to the Succession Certificate dated 3rd October, 2025 issued from the Office of District Magistrate, Hardoi, the learned counsel for the petitioner at the bar stated that the same has been challenged by way of civil suit which is pending before the competent court of jurisdiction. 7.
Taking note of the aforesaid facts which have been brought to the notice of the court including the fact pertaining to issuance of Succession Certificate dated 03.10.2025 from the office of the District Magistrate, Hardoi as also the fact that a civil suit in this regard is pending, this court is not inclined to entertain the present petition for the relief(s) sought. 8. It is accordingly dismissed. November 10, 2025 ML/- HABC No. 403 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench