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2025 DAILYLAW 182663 (ALL)

HARSH DUBEY THRU. HIS FATHER ASHOK KUMAR DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

HABC/430/2025 · 2025-11-25

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 430 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the petitioner, Sri Arun Kumar Pandey, learned State Law Officer and Sri Prabhaat Kumar Tripathi, Advocate, who has put in appearance and filed Vakalatnama on behalf of the opposite party No. 4/Arvind Pathak in the Court today, which is taken on record, as well as perused the record. 2. The instant petition has been preferred seeking following main relief(s):- "Issue a writ order or direction in the nature of Habeas Corpus against the respondents for the production of the petitioner minor son (baby boy Harsh) before this Hon'ble Court so life and liberty may be protected." 3. Considering the facts of the case as brought to the notice of the Court, according to which the alleged detenue/minor namely Harsh Dubey is living with his father namely Arvind Pathak/opposite party No. 4 and also the statement of petitioner's counsel that biological father of alleged detenue is Ashok Kumar Dubey, this Court is not inclined to entertain the instant petition for the main relief sought, quoted above. 4. The instant petition is accordingly dismissed. It is however with liberty to the petitioner to avail other remedies as available under the law, which includes seeking custody of alleged detenue/minor. November 25, 2025 Arun/- Versus Counsel for Petitioner(s) : Vishwanath Tiwari, Rajat Sharma Counsel for Respondent(s) : G.A. (Saurabh Lavania,J.) Harsh Dubey Thru. His Father Ashok Kumar Dubey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench