Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 57549 (ALL)

SMT. ANJALI KUSHWAHA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/373/2025 · 2025-05-25

Vinod Diwakar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:89707 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 373 of 2025 Petitioner :- Smt. Anjali Kushwaha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Prakash Singh,Shivam Kumar Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners as well as the learned Additional Government Advocate who represents the respondent- State. 2. The instant writ petition has been filed seeking issuance of a writ in the nature of habeas corpus for the release of petitioner no. 1. It is alleged that petitioner no. 1 is being unlawfully and illegally detained by respondent no. 4, who is stated to be her father. 3. At the very outset, Shri Thakur Azad Singh, learned Additional Government Advocate, has raised a preliminary objection to the maintainability of the present petition. He submits that the petition is not maintainable at this stage, as an alternative and efficacious remedy is available to the petitioners under Section 101 of the B.N.S.S., 2023. The said provision enables a person wrongfully confined to seek appropriate directions from the District Magistrate, Sub-Divisional Magistrate, or a Magistrate of the First Class. 4. In view of the statutory remedy available under Section 101 of B.N.S.S., 2023, and considering the preliminary objection raised by the learned A.G.A., the Court is of the view that the petitioners ought to first avail themselves of the remedy provided under the said provision before approaching this Court. 5. Accordingly, the present writ petition stands disposed of with liberty to the petitioners to approach the appropriate authority, as contemplated under Section 101 of B.N.S.S., 2023, for redressal of their grievance, in accordance with law. Order Date :- 26.5.2025 Shafique Vinod Diwakar, J. Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad