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2025 DAILYLAW 39878 (ALL)

SAKSHI SISODIYA (MINOR) (CORPUS) AND ANOTHER v. THE STATE OF U.P. AND 4 OTHERS

HABC/272/2025 · 2025-05-04

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71312 Court No. - 78 Case :- HABEAS CORPUS WRIT PETITION No. - 272 of 2025 Petitioner :- Sakshi Sisodiya (Minor) (Corpus) And Another Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Mishra,Vipin Chandra Pal Counsel for Respondent :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the parties. The instant Civil Misc. Habeas Corpus Writ Petition has been preferred by the petitioners seeking direction to the respondent no. 5 to hand over the custody of minor corpus-Sakshi Sisodiya (petitioner no. 1) to her natural guardian / mother-Smt. Sanju @ Smt. Sanju Sisodiya (petitioner no. 2). On 10.04.2025, following order was passed:- "1. It has been submitted by learned counsel for the petitioners that the petitioner no.1, Sakshi Sisodiya (corpus) who is minor daughter of petitioner no.2, has been illegally detained by respondent no.5. He invited attention of the Court to the complaint filed by the petitioner no. 2 to the police on 18.03.2025 and also screenshot of the mobile which is annexed at page no.23 of the petition. 2. Issue notice to the respondent no.5 through S.H.O., Police Station- Etmaduddaula, District Agra to produce the petitioner no.1 (corpus) on the next date. 3. Steps be taken within a week. 4. Commissioner of Police, Agra shall ensure presence of petitioner no.1 (corpus) along-with respondent no.5 before this Court. 5. Put up this case on 05.05.2025, as fresh. 6. Learned A.G.A. is directed to ensure compliance of the aforesaid order." Today on the matter being taken up, Mr. Nirdosh Kumar presently posted as Sub Inspector at Police Station Etmaduddaula, District Agra is personally present before this Court along with instructions of this case. Learned A.G.A., upon instructions, pointed out that the corpus (petitioner no. 1) is aged out 17 years, 06 months and 28 days and she was produced before the Child Welfare Committee, District Agra on 19.04.2025 and considering her welfare, the custody of the minor corpus-Sakshi Sisodiya (petitioner no. 1) was handed over to her mother Smt. Sanju Sisodiya (petitioner no. 2) on furnishing an appropriate affidavit by her that she will take care of the corpus in all respect till she attains the age of majority i.e. 18 years. Learned counsel for the petitioners and learned counsel appearing on behalf of the respondent no. 5 do not dispute the aforesaid fact. In view of the above, since the corpus (petitioner no. 1) has been handed over to her mother i.e. petitioner no. 2, hence, the cause of this habeas corpus writ petition has lost its efficacy. Accordingly, no further order is needed with regard to the custody of the minor corpus to her mother. In view of the above, the instant habeas corpus writ petition is dismissed as having become infructuous. Order Date :- 5.5.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad