Court No. - 81
Case :- HABEAS CORPUS WRIT PETITION No. - 665 of 2021 Petitioner :- Km. Ranjana Gautam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record.
This habeas corpus writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of habeas corpus directing the respondent no. 2 to produce the corpus of Surendra Pal i.e. petitioner no. 1, Km. Ranjana Gautam before this Hon'ble Court.
Learned counsel for the petitioners submits that the petitioner no. 2 who is an ex-army man and the father of petitioner no. 1 has served the nation upto his retirement and also managed his family during his service period, taking advantage of his absence, the respondent no. 4 took her daughter away, hence a direction be issued to the respondent no. 2 to produce the daughter of the petitioner no. 2 before this Hon'ble Court.
Learned A.G.A. has opposed the aforesaid prayer made by learned counsel for the petitioners and submitted that as per the instructions received from the authorities i.e. respondent nos. 2 & 3, the corpus has already solemnized marriage long back with respondent no. 4 and they have two children and earlier in the year 2013, the corpus went with her father then again come back and now living with respondent no. 4.
After considering the arguments as advanced by the learned counsel for the parties and from the perusal of the record, this court finds that the missing report was lodged way back on 31.05.2011 by the petitioner no. 2 who claiming himself to be the father of petitioner no. 1, Ranjana Gautam. As the present petition has been filed after 10 years of the lodging of the missing report and as per the instructions received by learned A.G.A., corpus Ranjana Gautam already got solemnized her marriage with respondent no. 4 and they have two children, therefore, it cannot be said that the corpus Ranjana Gautam is in illegal custody of respondent no. 4, hence, no cause of action survives. The petition is totally misconceived and is liable to be dismissed on the ground of latches.
Accordingly, present petition is dismissed leaving it open to the petitioner no. 2 to avail the remedy available to him in accordance with law.
Order Date :- 30.9.2021 SA