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2025 DAILYLAW 62341 (ALL)

ABHINAV SHUKLA (CORPUS) AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/413/2025 · 2025-07-27

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124949 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 413 of 2025 Petitioner :- Abhinav Shukla (Corpus) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gaurav Tiwari Counsel for Respondent :- Saurabh Raj Srivastava,G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners and learned counsel appearing for the respondent Nos. 4 and 5, learned AGA for the State and perused the record. Pursuant to the order dated 25.06.2025, respondent No. 4 Dr. Geeta Shukla and respondent No. 5 Heramb Agnihotri, are present before this Court. While arguing the matter, learned counsel for the petitioner has claimed the custody of the petitioner No.1/Abhinav Shukla (corpus) who is physically and mentally disabled person, aged about 28 years, on the basis of the registered will deed dated 03.03.2025 (Annexure No. 1 to the writ petition) registered before the Sub-Registrar, Tehsil -Sadar IInd, Prayagraj, executed by Km. Lalita Shukla, the adoptive mother of the corpus. From the perusal of the said will deed, it transpires that the said will deed was executed by the adoptive mother namely Km. Lalita Shukla in respect of the property not for the custody (adoption) of the petitioner No.1/corpus namely Abhinav Shukla. As the petitioner has claimed the custody of the corpus on the basis of a will deed which was executed in respect the property, therefore, the petitioner has no locus to file the present writ petition. Accordingly, the petition is dismissed. Order Date :- 28.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad