Court No. - 43
Case :- HABEAS CORPUS WRIT PETITION No. - 1211 of 2019 Petitioner :- Roshni And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Kashyap Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Ajay Kumar Kashyap, learned counsel for the petitioners and Sri Deepak Mishra, the learned A.G.A.
The order impugned is an order, by which the court below handed over the corpus / petitioner no.1 to Nari Niketan, Amroha.
Sri Deepak Mishra, the learned A.G.A. rightly 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 petitioners is unable to meet.
The writ petition is dismissed on the ground of availability of alternative remedy.
However, in the event, petitioners file an appeal / revision, as the case may be, within 3 weeks from today, same shall be entertained without raising any plea of limitation.
The office is directed to return certified copy of the documents after retaining a xerox thereof.
Order Date :- 19.12.2019 AS Rathor