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2025 DAILYLAW 57350 (ALL)

ANIL SINGH CHAUHAN AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

HABC/381/2025 · 2025-05-21

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86382-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 381 of 2025 Petitioner :- Anil Singh Chauhan And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Sunil Kumar 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 with the following prayers:- "I. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to 6 to produce the corpus/petitioner before this Hon'ble Court and handed over to corpus/petitioner to her natural guardian i.e. deponent petitioner/father Anil Sigh Chauhan." 3. Pursuant to the order of this Court dated 16.5.2025 Sri Rahul Asthana has produced a copy of the instructions dated 20.5.2025 sent by the In-charge Superintendent, Rajkiya Bal Grih (Balika), Ramnagar, Varanasi under his signatures along with various documents, which is taken on record. 4. The documents annexed with the instructions also includes the documents pertaining to her release on 20.12.2024 and onwards including the statements of the corpus-Anchal Chauhan and Smt. Phoolpatti Devi. Perusal of same indicates that a written application dated 20.4.2024 was given by the corpus-Anchal Chauhan to In-charge Superintendent, Rajkiya Bal Grih (Balika), Ramnagar, Varanasi to the effect that she wants to go with Smt. Phoolpatti Devi. The order of release was passed on the same date i.e. 20.12.2024 on the ground that the Child Welfare Committee, Jaunpur has passed the order dated 20.12.2024 that she being major is free to move on her own sweet will. Statements of corpus- Anchal Chauhal and Smt. Phoolpatti Devi were recorded and on the statements signature of the corpus and thumb impression of Smt. Phoolpatti Devi were obtained and accordingly the corpus was released on her own sweet will with Smt. Phoolpatti Devi. 5. Present petition was filed in the first week of May, 2025 claiming custody of the corpus-Anchal Chauhan and the same was entertained as the petitioner no. 1 is father of the petitioner no. 2 (Corpus-Anchal Chauhan), therefore, the order dated 16.5.2025 was passed. 6. It is not in dispute that the order dated 20.12.2024 was never challenged by anyone, whereby the corpus was declared major and was set free to go as per her own wish. 7. Pursuant to the aforesaid order dated 16.5.2025 the corpus- Anchal Chauhan appeared before the respondent no. 5 on 19.5.2025 and her statement was recorded on 19.5.2025, wherein she had categorically stated that she does not want to go with her father-Anil Singh Chauhan and she is seven months pregnant and wants to go with Smt. Phoolpatti Devi with whom she is happy. Apart from signature of the corpus thumb impression of the corpus as well as of Smt. Phoolpatti Devi were obtained on the statement dated 19.5.2025. 8. We have gone through the statement carefully. 9. We find that no relief in the present habeas corpus can be granted to the petitioner no. 1 in respect of release of the corpus- petitioner no. 2 as she on her own sweet will had already left with Smt. Phoolpatti Devi and had appeared before the respondent no. 5 on 19.5.2025 along with Smt. Phoolpatti Devi. The report further reflects that the petitioner no. 1 has not made any attempt to meet with the corpus for last five months, who was living happily with Smt. Phoolpatti Devi coupled with the fact that the order dated 20.12.2024 passed by the Child Welfare Committee declaring the corpus major was never challenged. 10. Accordingly, present petition stands dismissed. Order Date :- 22.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad