Neutral Citation No. - 2025:AHC:56266-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 290 of 2025 Petitioner :- Smt. Vimlesh And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Pratap Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Rajesh Pratap Singh, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. appearing for the State respondents. 2. Present petition has been filed by one Vimlesh w/o Omkar and Onkar s/o Khayaliram in respect of corpus-Nidhi for releasing the corpus in favour of the petitioners. 3. Admittedly the petitioner nos. 1 and 2 are not related to the corpus and Omkar is Gram Pradhan. The corpus has been sent to State Child Care Centre, Noida vide order dated 24.5.2024 passed Child Welfare Committee, Kasganj. In educational certificate date of birth of the corpus is shown as 8.5.2010 and as per medical report she was aged about 17 years. 4. When confronted how the 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 petitioners could not reply the same. 5. That apart, we find that as per educational certificate date of birth of the corpus is mentioned as 8.5.2010, therefore, the corpus is still minor. We further find that there was an allegation of rape as well against the petitioner no. 2, who is accused in Case Crime No. 132 of 2024, under Sections 383, 386, 376, 313 IPC and Sections 5/6 of POCSO Act, Police Station Sidhpura, District Kasganj. 6. Learned A.G.A. pointed out that in the aforesaid case charge- sheet no. 148 of 2024 dated 17.7.2024 has been forwarded under Sections 363, 376, 313 IPC and Section 5/6 of POCSO Act against the petitioner no. 2, who is claiming custody of the corpus. 7. In such view of the matter, present petition is dismissed with a cost of Rs.5,000/- (Rs. Five Thousand) upon the petitioners, which the petitioners shall deposit with the Registrar General of this Court within a period of one month from today. On deposit of such cost, it shall be transmitted to the account of 'Allahabad High Court Mediation and Conciliation Centre, Allahabad' Or 'High Court Legal Services Committee, Allahabad'. If the petitioners fail to deposit the cost of Rs.5,000/-, the Registrar General of this Court shall inform the District Magistrate, Kasganj for recovery of the said amount as arrears of land revenue, who shall after recovering the said amount from the petitioner, transmit it to the Registrar General of this Court for depositing in the account of 'Allahabad High Court Mediation and conciliation Centre, Allahabad' Or 'High Court Legal Services Committee, Allahabad' within a further period of three months. Order Date :- 17.4.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad