KAJAL KUMARI (MINOR) AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
HABC/115/2025 · 2025-02-13
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17629 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21884 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 115 of 2025 Petitioner :- Kajal Kumari (Minor) And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hira Lal,Jay Prakash Maurya Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for petitioners and learned A.G.A. for the State.
2. The present Habeas Corpus Writ Petition has been filed to issue a writ, order or direction in the nature of Habeas Corpus thereby to direct the respondent nos.2 and 3 to produce the petitioner no. 1/Corpus before this Court who has been illegally detained by respondent no.4 to 6 and set on her liberty.
3. At the very outset, learned AGA raised a preliminary objection regarding maintainability of the present petition by submitting that for same cause of action, a specific FIR bearing Case Crime No.248 of 2024 has already been lodged by petitioner no.2, wherein respondent no.4 to 6 herein are implicated as accused and the allegation whatsoever has been put forward through the instant petition, is subject matter of the outcome of the investigation which is still pending to be concluded by the concerned Investigating Officer and as such, prayer made in the petition for seeking direction in the nature of habeas corpus directing the respondents to produce corpus before this Court, is not maintainable.
4. Preliminary objection raised by learned AGA, seems to be justified and as such, the present petition stands dismissed at this stage. Order Date :- 14.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad