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Smt. Roli Thru Her Husband Vipin ... vs State Of U.P. Thru Secretary Home, ...

High Court Of Judicature at Allahabad|11 February, 2021

JUDGMENT / ORDER

Hon'ble Rajeev Singh,J.
Heard Sri Amrendra Kumar Singh, learned counsel for the petitioner and Sri S.P. Singh, learned A.G.A. for the State and perused the material brought on record.
Learned A.G.A. has pointed out that the corpus-petitioner, namely, Smt. Roli is detained in Rajkiya Balgrah (Balika), Motinagar, Lucknow under respondent no.5 under the order of the Child Welfare Committee, Sitapur passed on 18.1.2020, 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, which learned counsel for the petitioner was unable to meet.
The contention of learned A.G.A. appears to have force.
In view of the above, the present habeas corpus writ petition is dismissed on the ground of availability of alternative remedy with liberty to the petitioner to avail the appropriate remedy available under the law, if so desire.
However, in the event, the petitioner files an appeal before the Sessions Judge under Section 101 of the Act of 2015 within a period of three weeks' from today, the same shall be entertained without raising any plea of limitation, if the same has already not been dismissed/decided by the Sessions Judge.
(Rajeev Singh,J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 NS
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Title

Smt. Roli Thru Her Husband Vipin ... vs State Of U.P. Thru Secretary Home, ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 February, 2021
Judges
  • Ramesh Sinha
  • Rajeev Singh