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2025 DAILYLAW 70599 (ALL)

LADO AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

HABC/564/2025 · 2025-07-23

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121848 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 564 of 2025 Petitioner :- Lado And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Kumar,Shrawan Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Sri Ashish Kumar Gupta, learned counsel has filed his Power on behalf of respondent No. 4 which is taken on record. Pursuant to the order dated 09.07.2025, the petitioner No. 1 Lado (corpus) has been produced by her Bua (Pinki Patel) and respondent No. 4 Rahul (Jeth) of the deceased mother. From the perusal of records, it transpires that the mother of the petitioner No. 1 Lado (corpus) was killed at her matrimonial home regarding which an FIR No. 0228 of 2024 has been registered under Sections 85 and 80(2) of the B.N.S. and Section 3/4 of the Dowry Prohibition Act, Police Station-Chakiya, District-Chandauli wherein father of the corpus Abhisek Patel is charge sheeted and is confined to jail. As the mother-Pooja Devi of the petitioner No. 1 Lado (corpus) is no more and father-Abhisek Patel is confined to the jail, therefore, looking to the welfare of minor corpus as paramount consideration, the custody of the petitioner No. 1 Lado (corpus), aged about 2 years is being handed over to the maternal grand- mother petitioner No. 2 Shanti Devi, who shall ensure for the overall growth and development of the minor child regarding her fooding, clothing, lodging, schooling, etc. The father of the corpus may avail the visitation rights as per his convenience. With the aforesaid direction, the petition is allowed. Order Date :- 24.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad