Neutral Citation No. - 2025:AHC:36051 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 197 of 2025 Petitioner :- Aradhya Singh Minor-Detenue And Another Respondent :- State Of Uttar Pradesh And 8 Others Counsel for Petitioner :- Ankit Kumar Pal,Praveen Kumar Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Praveen Kumar Singh, learned counsel for respondent no.2 and learned AGA. 2. The instant petition has been preferred for making specific allegation over the respondent nos.5 to 9 for carrying out the illegal detention of corpus having age of one and half year, whereas respondent no.5 is the father of corpus who has been implicated in an FIR which has been preferred at the behest of brother of petitioner no.2, for simplification of the fact, petitioner no.2 is the maternal grandmother of corpus/petitioner no.1 and the informant is brother of maternal grandmother of corpus. 3. With the latest fact, it has been apprised by learned counsel for petitioner no.2 that father of corpus being natural guardian, has already been arrested in pursuance of the said FIR bearing Case Crime No.671 of 2024 and as such, the corpus having age of one and half hear, has been illegally detained by her grand-parents who are also chargesheet. 4. Learned counsel for petitioner no.2 submitted that once the entire family who is having custody of corpus, are implicated in Case Crime No.671 of 2024 as one of the accused, then the welfare of the child shall be ensured by way of handing over the custody of corpus to petitioner no.2 being maternal grandmother whose husband has already been expired but she is residing with her two sons who are earning properly in shape of upbringing of the corpus may be ensured by them. Learned counsel for petitioner no.2 further submitted that the illegal custody carried out by the criminals, cannot be permitted by any court of law and as such, custody may be handed over in favour of petitioner no.2 for considering the welfare of an infant. 5. Per contra, learned AGA opposed the prayer as made by learned counsel for petitioner no.2 and submitted that in the cases of habeas corpus, it has to be seen that whether corpus is in illegal custody or not and in the present case, corpus is with her grand- parents after arrest of her father i.e. natural guardian and as such, there is hardly any case of illegal detention. 6. The arguments raised by learned AGA seem to be justified since issue of illegal custody cannot be determined by way of receiving statement from the corpus having age of one and half year. In sofar as detention of the corpus is concerned, the same cannot be said to be illegal since father being the natural guardian was having the custody of corpus before his arrest and thereafter grand-parents, who have also been chargesheeted, but having the custody of corpus being natural guardian after her father and mother. If petitioner no.2 is so aggrieved with detention of corpus and intended to seek custody of corpus, the forum is entirely different and she will be at liberty to choose proper forum available at law for seeking custody of corpus in a proper manner. 7. In view of the aforesaid facts and circumstances, the present petition lacks merit and is hereby dismissed with the aforesaid liberty. Order Date :- 11.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad