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2025 DAILYLAW 82089 (ALL)

ADITYA VISHWAKARMA (MINOR) v. THE STATE OF UP AND 4 OTHERS

HABC/674/2025 · 2025-08-20

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143761-DB Court No. - 45 Case :- HABEAS CORPUS WRIT PETITION No. - 674 of 2025 Petitioner :- Aditya Vishwakarma (Minor) Respondent :- The State Of Up And 4 Others Counsel for Petitioner :- Krishn Kumar,Mukesh Kumar Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. The present petition has been filed for the following relief:- "(i) issue a writ, order or direction in the nature of Habeas Corpus directing and commanding the respondent no. 1 to 5 to produce the Corpus Aditya Vishwakarma before this Hon'ble Court and provide the custody of corpus to his natural guardian of his father namely Gyanendra Vishwakarma S/o Kamlesh Vishwakarma R/o Village Gopalpur, Post Meerganj, District Jaunpur." It has been stated in the writ petition that the petitioner was illegally detained by the respondents. In their response filed through the Additional Government Advocate, the respondents stated that the petitioner was produced before the Juvenile Justice Board and is at present in the custody of Government Children Home (Boys) Khuldabad Prayagraj on the orders of the Juvenile Justice Board. The present detention of the petitioner is on the basis of a valid order passed by the Juvenile Justice Board in exercise of its power conferred under the Juvenile Justice (Care and Protection of Children) Act, 2015 and any previous illegality in the detention of the petitioner cannot be looked into in the present habeas corpus proceedings. The petition is dismissed. Order Date :- 21.8.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad