SHRESTH UPADHYAY (MINOR) AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
HABC/633/2025 · 2025-07-23
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78088 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:121340 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 633 of 2025 Petitioner :- Shresth Upadhyay (Minor) And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vineet Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. The present Habeas Corpus Writ Petition has been filed seeking the following relief:
"(i) Issue a writ, order or direction in the nature of Habeas Corpus commanding the respondent authoriteis to produce the corpus Shresth UPadhyay lying in illegal detention of the private respondents before this Hon'ble Court and hand over his lawful custody to the petitioner no. 2 forthwith. (ii) Issue a writ, order or direction commanding the respondent authorities to ensure the grant of visitation rights to the petitioner no. 2 in regard to meeting her minor male child shresth Upadhyay on a weekly basis who at present is in illegal custody of the private respondents during the pendency of the writ petition. (iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (v) Award the cost of the writ petition."
Learned counsel for the petitioners has confined her prayer only seeking visitation rights of her minor son. In view of the above, the petitioner no. 2, Priyanka Upadhyay is granted visitation right to meet her minor son Shresth Upadhyay (petitioner no. 1/corpus) aged about 9 years of every Saturday and Sunday of a month from 3.00 P.M. to 6.00 P.M. at the venue fixed by the Station House Officer, Police Station Mansukhpura, District Agra which shall be safe and conducive place other than the police station.
At the time of the visitation rights, only the mother and the corpus Shresth Upadhyay along with sibling shall remain present. With the aforesaid observation, the writ petition is disposed of.
Order Date :- 24.7.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad