Hon'ble Jaspreet Singh,J.
The Court has been convened through Video Conferencing.
Heard Chandra Prakash, holding brief of Sri Ashok Kumar, learned counsel for the petitioner and Ms. Nand Prabha Mishra, learned A.G.A. for the State.
The present Habeas Corpus Writ Petition has been filed by the petitioner with the following prayers:-
" A writ order or direction in the nature of Certiorari quashing the order dated 12.12.2020 passed by opposite party no.5 commanding the opposite parties to produce the petitioner before this Hon'ble Court from the custody of opposite party no.4 and she may be set at her liberty in the interest of justice."
Learned A.G.A. has pointed out that the present writ petition has been filed on behalf of the corpus for her release by her father-in-law, namely, Jang Bahadur who has no locus to file the same as he himself is an accused along with his son namely Narendra in Case Crime No. 374 of 2020 under Sections 147, 452, 323, 325, 504, 506, 363, 366 I.P.C at P.S. Mohammadi, District Kheri, which was lodged by the respondent no. 6 Sarnam, father of the victim. She further pointed out that the Narendra (husband of the petitioner-corpus) who was co-accused in the aforesaid case, has been arrested and confined in Jail. She has further argued that the victim Smt. Jooli Devi (corpus) is a minor girl aged about 16 years. She next pointed out that corpus-petitioner is detained in the custody of Superintendent of Dr. Rajendra Prasad Sudhar Grah Nighasan Road, Paliya Kheri, respondent no.4 under the order of the Child Welfare Committee,Lakhimpur Kheri, respondent no.5 passed on 12.12.2020. Against which the petitioner, if aggrieved, has an alternative remedy of filing an appeal under section 101 of The Juvenile Justice (Care and Protection of Children) Act, 2015 before the Session Judge and thereafter a revision under section 102 of the said Act, of 2015 When a pointed query was made to the learned counsel for the petitioner regarding preliminary objection raised by the learned A.G.A. and the facts stated by him, referred above,, then he could not give satisfactory reply to the same.
In view of the above, the contention advanced by learned A.G.A. appears to have force.
Accordingly, the present habeas corpus writ petition is dismissed as not maintainable. The petitioner is at liberty to avail appropriate legal remedy available under law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 NS/Asheesh