Court No. - 58
Case :- HABEAS CORPUS WRIT PETITION No. - 2992 of 2018 Petitioner :- Ayansh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed with a prayer to direct the respondents to produce the Ayansh (corpus), before this Court, who is in the illegal detention of respondent nos. 4 to 9.
Learned counsel for the petitioner stated that corpus Ayansh who is a minor son of Raju Kesarwani aged about 5 years after the death of his mother is residing with his maternal grandfather and grandmother. It is further stated that a false F.I.R. dated 19.04.2017 was lodged against the petitioner for the murder of mother of the corpus. However, on 21.12.2017, petitioner was enlarged on bail.
Learned A.G.A. for the State has submitted that this petition is not maintainable as there is efficacious alternative remedy available to the petitioner under the Guardians and Wards Act, 1890.
Considering the facts and circumstances of the case, the Habeas Corpus petition is not maintainable and accordingly it is dismissed.
However, the petitioner may approach the court under the Guardians and Wards Act, 1890, if so advised.
Order Date :- 29.3.2018 AKT