Court No. - 43
Case :- HABEAS CORPUS WRIT PETITION No. - 1003 of 2019 Petitioner :- Smt. Anju And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gajendra Singh,Deepak Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Gajendra Singh, learned counsel for the petitioners and Sri Deepak Mishra, the learned A.G.A.
By order dated 2.2.2019, the Special Judge, POCSO Act / 8th Addl. Sessions Judge, Kanpur Nagar has handed over the corpus/ petitioner no.1 to Superintendent, Government Women Protection Home, Swarup Nagar, Kanpur Nagar (respondent no.3).
Sri Deepak Mishra, the learned A.G.A, raised a preliminary objection that against the order impugned, an appeal under Section 101 and a revision under Section 102 of the J.J. Act, 2015 lay before the Court of Sessions, which the learned counsel for the petitioner is unable to meet.
There is no good ground to entertain the petition at this stage.
The writ petition is dismissed on the ground of availability of alternative remedy.
However, in the event, petitioners file an appeal / revision, within 3 weeks from today, same shall be decided within three months without raising any plea of limitation.
Order Date :- 28.11.2019 N.S.Rathour