Court No. - 46
Case :- HABEAS CORPUS WRIT PETITION No. - 522 of 2021 Petitioner :- Smt Rashika And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the petitioners and learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following reliefs:
"(i) Issue a writ, order or direction in nature of certiorari to quash the order dated 12.07.2021 passed by Child Welfare Committee, Meerut arising out of Case Crime No.0218 of 2021 under Sections 363, 120B I.P.C., Police Station Parikshitgarh, District Meerut.
(ii) Issue a writ, order or direction in the nature of Habeas Corpus directing the respondents to produce the corpus namely Smt. Nisha/Petitioner no.1 before this Hon'ble Court;
(iii) Issue any other writ order or direction as Hon'ble Court may deem fir and proper in the circumstances of the case;
(iv) Award the cost."
The petitioner is disputing the age as determined by Child Welfare Committee by way of impugned order dated 12.07.2021.
After arguments made at some length, learned counsel for the petitioners states that the petitioners wants to avail the statutory remedy of appeal under Section 101 of The Juvenile Justice (Care and Protection of Children) Act.
In view of the aforesaid, without expressing any opinion on merits of the case, the petition is dismissed leaving it open for the petitioner to avail the statutory remedy of appeal.
Order Date :- 30.7.2021 Rahul.