Neutral Citation No. - 2025:AHC:31823 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 119 of 2025 Petitioner :- Fazal Abbas (Corpus) And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Chandra Prakash,Onkar Nath Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioners and the learned AGA for the State. 2. The instant petition has been preferred with the following prayer:- A. Issue a writ, order or direction in the nature of writ of Habeas corpus directing the respondents to produce the petitioner nos. 1 and 2 (corpus) before this Hon'ble Court and may be released and their custody may be released in favour of petitioner no.3. 3. At the very outset, it has been submitted by learned counsel for the petitioners that petitioner no.3 was implicated in a First Information report in respect of commitment of suicide by the wife of petitioner no.3 who has been enlarged on bail and at present he is seeking custody of his children (corpuses) who are being maintained by maternal uncle and aunty of the corpuses. 4. Learned AGA for the State has vehemently opposed the prayer sought through the instant petition. 5. In the light of the judgment rendered by Hon'ble Apex Court in the case of Shaurya Gautam vs. State of U.P. 2020 SCC Online All 1372 the custody to natural guardian can only be ensured when there is no involvement of the natural guardian in any criminal activity, specifically to the attraction of Section 302 IPC, as such petitioner will be at liberty to seek custody of his children before appropriate forum of law. 6. Writ petition stands dismissed. Order Date :- 5.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad