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2025 DAILYLAW 82325 (ALL)

ASHISH NAIR AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/669/2025 · 2025-08-04

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130961 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 669 of 2025 Petitioner :- Ashish Nair And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pandey Balkrishna Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused record. The present Habeas Corpus Writ Petition has been filed seeking the following relief: "(i) To issue a writ, order or direction in the nature of Habeas Corpus directing the respondents to produce the Detenue/Petitioner No. 2 namely Reyarth Nair @ Raghav Nair (minor) before this Hon'ble Court. (ii) To issue a writ order or direction in the nature of mandamus directing the respondents to grant/provide custody of Detenu i.e. Petitioner No.2 to the Petitioner No. 1 from the forceful detention of respondent Nos. 04 to 05. (iii) To issue such other and further writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case; so that justice be done. (iv) To award cost of the petition to the petitioner no. 1 from the respondents." At the very outset, learned counsel for the petitioners confines his prayer seeking the visitation right to meet his minor son, petitioner no. 2, Reyarth Nair @ Raghav Nair (corpus) who is ailing from ASD (Level I) and needs special care and attention. Accordingly, the petitioner no. 1, Ashish Nair being the natural father of the corpus is granted visitation right to meet his minor son Reyarth Nair @ Raghav Nair (petitioner no. 2/corpus) on every Sunday and Monday of every month from 3.00 P.M. to 7.00 P.M. at the venue fixed by the Station House Officer, Police Station Phase-2, District Gautam Buddh Nagar which shall be safe and conducive place other than the police station. Meanwhile, the petitioners may pursue appropriate remedy provided under the Guardians and Wards Act. With the aforesaid direction, the Habeas Corpus Writ Petition is disposed of. Order Date :- 5.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad