Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 2941 of 2018 Petitioner :- Shambhavi Mishra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Banerjee Counsel for Respondent :- G.A.,.,O.P. Shukla
Hon'ble Arvind Kumar Mishra-I,J.
Counter affidavit filed by Sri O.P. Shukla, Advocate on behalf of respondent no.4 is taken on record.
Heard learned counsel for the petitioners, learned A.G.A. for the State, Sri O.P. Shukla, learned counsel for respondent no.4 and perused the material brought on record.
The instant petition has been filed with the prayer to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the corpus Shambhavi Mishra before this Court and set her at liberty.
In paragraph no.3 of the counter affidavit, specific averments have been made that the custody of the corpus Shambhavi Mishra is pending adjudication before the court concerned say – the Principal Judge, Family Court Varanasi, under Section 25 of the Guardian and Wards Act, therefore, the remedy of habeas corpus would not be available for the time being. Hence no writ or order in the nature of habeas corpus is to be issued by this Court at this stage.
However, it has been claimed that the aforesaid proceeding before the Principal Judge, Family Court Varanasi has been pending since six months and a prayer has been made for expediting the proceeding of the aforesaid case.
In view of above, the Principal Judge, Family Court Varanasi is directed to expedite the proceeding on the point of custody of the corpus Shambhavi Mishra between the parties and it should not give unnecessary adjournment to any of the parties.
With the aforesaid direction, the instant petition is disposed of.
Order Date :- 23.8.2018 rkg