Court No. - 48
Case :- HABEAS CORPUS WRIT PETITION No. - 741 of 2020 Petitioner :- Smt. Deepti @ Kallo And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed, praying for the following reliefs:
"a) Issue a writ, order or direction in the nature of Habeas Corpus commanding the Respondent Nos. 02 and 03 for producing the detenue/Smt. Deepti @ Kallo i.e. petitioner No. 01 who is real wife of the petitioner No. 02, before this Hon'ble Court so that she may be set at her liberty and forthwith she may be release in favour of her husband".
From the perusal of the order dated 24.07.2020, it appears that Corpus namely Smt. Deepti @ Kallo was given in custody of Zila Bal Kalyan Samiti, Hathras for protection. It appears that Corpus is presently residing in Nari Niketan (Uuder Protection Home) under the respondent no.4 pursuant to the order dated 24.07.2020 passed by the learned Judicial Magistrate, Hathras.
Under the circumstances, it cannot be said that Corpus is in illegal detention, whose date of birth is mentioned in the order of the learned Judicial Magistrate, Hathras as 01.01.20004 and she has been found to be minor.
For the reasons aforequoted, we do not find any merits in the present writ petition.
Consequently, writ petition fails and is hereby dismissed.
Order Date :- 7.1.2021 T.S.