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2025 DAILYLAW 53492 (ALL)

MOHD. SUEV AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

HABC/361/2025 · 2025-05-07

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74268-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 361 of 2025 Petitioner :- Mohd. Suev And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anita Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Ms. Anita 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 seeking direction to the respondents to produce the corpus (petitioner no. 2) before this Court. 3. At the very outset, learned A.G.A. pointed out that the petitioner no. 1 himself is accused in the first information report dated 29.1.2025 registered as Case Crime No. 11 of 2025, under Section 87 of B.N.S., Police Station Hazratnagar Garhi, District Sambhal and this fact is admitted in paragraph 6 to the writ petition. It is further pointed out that during course of investigation Sections 137(2) and 64(1) of B.N.S. and Section 3/4 of POCSO Act have been added. It is further pointed out that as per medical report dated 22.4.2025 the victim is aged about 16 years and she has been handed over to her family members on 26.4.2025 pursuant to the order of the Child Welfare Committee, therefore, present petition would not be maintainable and in any case no relief can be granted to the petitioners. 4. Learned counsel for the petitioners could not dispute the aforesaid facts. 5. Accordingly, present petition stands dismissed. Order Date :- 8.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad