2024 THRU. HER HUSBAND SHYAM SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
HABC/370/2025 of VICTIM OF CASE CRIME NO.-198 · 2025-10-07
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190143 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190143 (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. - 370 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioner as well as learned A.G.A. appearing on behalf of respondent Nos.1 to 5.
2. The instant petition in the nature of Habeas Corpus has been filed commanding and directing the respondent Nos.1 to 5 to produce the detenue / petitioner before this Court after getting her released from the illegal detention of the respondent No.5.
3. The learned A.G.A., on the basis of instructions sent by the Sub-Inspector, Police Station Chanda, District Sultanpur dated 07.10.2025, informs that the detenue has been sent to the Child Protection Home in pursuance of the order of the Child Welfare Committee dated 06.05.2025. The learned A.G.A. also informs that there is a provision of an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "Act, 2015").
4. At this stage, the learned counsel for the petitioner states that the petition may be disposed of leaving it open to the petitioner to prefer an appeal under the provisions of the Act, 2015.
5. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to pursue the remedy available to him under the provisions of the Act, 2015. Versus Counsel for Petitioner(s) : Ram Pratap Yadav, Ashish Kumar Shukla, Durgesh Kumar Tiwari, Shiv Prakash Mishra Counsel for Respondent(s) : G.A. Victim Of Case Crime No.-198 Of 2024 Thru. Her Husband Shyam Singh Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
6. In case an appeal is filed, the court concerned shall make an endeavour to decide the same in accordance with law within the time as specified under the provisions of the Act, 2015. October 7, 2025 S. Shivhare HABC No. 370 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench