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2025 DAILYLAW 26641 (ALL)

AKANKSHA MINOR AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

HABC/187/2025 · 2025-03-06

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:33796 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 187 of 2025 Petitioner :- Akanksha Minor And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vaibhav Kumar Verma,Vikendra Kumar Srivastav Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Vikendra Kumar Srivastava, learned counsel for the petitioners and learned AGA for the State. 2. The instant petition has been preferred with specific allegation against respondent no. 4 that his minor daughter Akanksha, aged near about 5 years, is illegally detained by respondent no. 4 being maternal grandmother. 3. As per the facts mentioned by learned counsel for the petitioners that wife of the petitioner no. 3 has already been expired due to some serious ailment as mentioned in the postmortem report which has been observed by Division Bench of this Court while entertaining Criminal Misc. Writ Petition No. 2230 of 2025 preferred at the behest of the petitioners, wherein interim protection has already been extended in favour of the petitioners till submission of report under Section 193(3) B.N.S.S. 4. Although being natural guardian, it is the petitioner no. 3 having exclusive right to have the custody of his minor daughter but once the petitioners are implicated in the FIR registered at Case Crime no. 0469 of 2024 under Sections 80, 85 and 115(2) B.N.S. and Section 3/4 of Dowry Prohibition Act, the same has to be considered at the time of considering the prayer as made in the instant petition. 5. Considering the order dated 07.02.2025 passed by Division Bench of this Court as well as factum of the matter, the instant writ petition is hereby dismissed at this stage, however, the petitioners will be at liberty to raise similar prayer which will be subject to consideration by this Court after submission of report by concerned investigating officer under Section 193(3) B.N.S.S. Order Date :- 7.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad