Neutral Citation No. - 2025:AHC:65915 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 334 of 2025 Petitioner :- Mausam Yadav & Anr Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari,Sampoorna Nand Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State, and perused the material available on record. 2. The present habeas corpus petition has been filed by petitioner No. 2, the mother of the corpus (petitioner No. 1), seeking a direction to the respondent authorities to produce the corpus, aged about 17 years, before this Court and to set her at liberty from the alleged illegal custody of respondent Nos. 4 to 7. 3. Learned counsel for the petitioner no.2 submits that the corpus is a minor and is currently studying in Class 11. As per the High School mark-sheet, her date of birth is 01.01.2007. It is alleged that on 07.03.2025 at around 10:00 PM, respondent Nos. 4 to 7 abducted the corpus from her residence. An FIR being Case Crime No. 64 of 2025, under Sections 137(2) and 351(3) B.N.S., has been lodged against the said respondents. However, it is submitted that despite registration of the FIR, the police have taken no effective steps to recover the corpus or investigate the named accused persons. 4. Per contra, learned A.G.A., on the basis of instructions, submits that the corpus, in her statement recorded under Section 180 B.N.S.S, has categorically stated that she has solemnized marriage with respondent No. 4 in accordance with Hindu rites and customs and wishes to reside with him voluntarily. The corpus has further alleged that the FIR lodged by her mother is based on incorrect and misleading facts. 5. A writ of habeas corpus is a prerogative writ aimed at safeguarding an individual's liberty by providing an immediate and effective remedy for release from unlawful or improper detention. The writ can also be invoked to restore the custody of a minor to their lawful guardian if they have been wrongfully deprived of it. The detention of a minor by a person not entitled to legal custody is considered equivalent to illegal detention, warranting the issuance of a writ for the minor's custody. 6. Upon careful review of the facts in the present case, no evidence has been presented to establish that the custody of petitioner no. 1 is illegal or improper. The corpus in her statement, recorded under Section 180 B.N.S.S. herself has stated that she has married with respondent no.4 and wants to reside with him and the FIR has been registered against the respondent nos. 4 to 7 based on incorrect facts. Therefore, the writ of habeas corpus, which is invoked for the release from illegal custody, is not applicable in the present case. 7. The instant writ petition is devoid of merits and it is accordingly dismissed. Order Date :- 29.4.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad