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2025 DAILYLAW 80549 (ALL)

KM. JESSICA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/654/2025 · 2025-08-21

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145111 In Chamber Case :- HABEAS CORPUS WRIT PETITION No. - 654 of 2025 Petitioner :- Km. Jessica And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Vakalatnama as well as Counter affidavit filed by Sri Devendra Kumar Mishra on behalf of respondent nos. 4 to 6, is taken on record. Heard Sri Pankaj Kumar Singh, learned counsel for the petitioners, Ms. Pooja Soni, learned Advocate through Video Conferencing as well as Sri Devendra Kumar Mishra, learned counsel for the respondents no. 4 to 6, Sri Ganesh Prasad Mishra, learned AGA for the State and perused the record. Pursuant to the order dated 30.07.2025, the Petitioner No. 1 Km. Jessica (minor corpus), aged about two and half years, has been produced by Respondent No.4, Pinki Kushwaha accompanied by Ms. Anju Sharma, Lady Constable, PNO 162545223 and Sri Ranjeet Kumar, Sub-Inspector, PNO 235080121, Police Station Crossing Republic, District Ghaziabad before this Court and has been identified by her counsel. Looking to the tender age of the corpus as well as the welfare of minor corpus which is of paramount consideration, the custody of Km. Jessica is being handed over to her natural mother, Kanchan Tomar (Petitioner No. 2) for her proper care and well being. Accordingly, the Habeas Corpus Writ Petition is allowed. Order Date :- 22.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad