ESHAAN RAJPUT (CORPUS) v. STATE OF U.P. AND 6 OTHERS
HABC/24/2025 · 2025-01-20
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6356 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6356 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:9968 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 24 of 2025 Petitioner :- Eshaan Rajput (Corpus) Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Akhilendra Choubey Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioner and learned A.G.A for the State.
2. The present Habeas Corpus Writ Petition has been preferred with following prayer:-
"i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 and 3 to produce the petitioner/corpus namely Eshaan Rajput S/o Siddharth Shanker Rajput before this Hon'ble Court to release the corpus from the illegal custody of respondent no. 4 to 7, to secure the ends of justice."
3. Learned counsel for the petitioner submitted that the present petition has been filed by natural uncle (tau) of the petitioner (corpus) namely, Neeraj Krishan Rajput. It is further submitted that the corpus is aged about 8 years and he is in illegal custody of respondent nos. 4 to 7. There is a matrimonial dispute between the father and mother of the corpus which is pending in Family Court Ballia. It is stated that the uncle (tau) filed a complaint before respondent nos. 2 and 3 for recovery of corpus and establish his education right from the illegal custody of respondent nos. 4 to 7 but the respondent nos. 2 and 3 have not taken any action for recovery of corpus till date.
4. Learned AGA for the State vehemently opposed the prayer sought through the instant petition.
5. After having the rival submissions of learned counsel for parties and perusal of the material available on record, it appears that there is hardly any averments available for illegal detention of corpus by respondent nos.4 to 7 and as such, the present petition stands dismissed. Order Date :- 21.1.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad