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2025 DAILYLAW 43311 (ALL)

TAMANNA KHATOON (CORPUS) AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/297/2025 · 2025-04-20

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58268-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 297 of 2025 Petitioner :- Tamanna Khatoon (Corpus) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Brijesh Kumar Mishra, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. appearing for the State respondents. 2. Present petition has been filed seeking direction to the respondents to produce the petitioner no.1 before this Court, who is in illegal custody of the respondent no. 4. 3. Admittedly, the petitioner no. 1 is in Rajkiya Bal Grih, Ballia pursuant to the order of Child Welfare Committee, Deoria dated 12.11.2024, wherein the age of the corpus was found to be 16 years. It is also admitted that the petitioner no. 2 is accused in first information report dated 18.10.2024 registered as Case Crime No. 209 of 2024, under Sections 137(2), 61(2), 352, 351(2) of B.N.S. 4. On a pointed query as to how present petition is maintainable in the light of judgment of this Court in the case of Km. Rachna and another vs. State of U.P. and others 2021(3) ADJ 415 (FB) learned counsel for the petitioner could not satisfy the court. 5. Accordingly, present petition stands dismissed as not maintainable. Order Date :- 21.4.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad