Hon'ble Jaspreet Singh,J.
The Court has been convened through Video Conferencing.
Heard Sri Chandra Prakash, 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:-
" (i) A writ, order or direction in the nature of certiorari quashing of the order dated 26.02.2021 passed by the 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 habeas corpus writ petition has been filed on behalf of the corpus for her release by her mother-in-law, namely, Shadkun Nisha, who has no locus to file the same as she herself is an accused along with her son, namely Adnan Khan in Case Crime No. 0030 of 2021 under Sections 363, 366 I.P.C. at P.S. Mohammadi, District Kheri which was lodged by the father of the petitioner i.e. respondent no. 6. She further pointed out that the co-accused Adnan Khan (husband of the corpus) was also wanted in the said case, has been arrested and confined in Jail. She has further pointed out that the victim Smt. Umam Khanam (corpus) is a minor aged about 15 years as per the version of the FIR. She further argued that the petitioner-corpus is detained in the custody of Incharge of Lelawati Munsi Balgrah (Balika) Moti Nagar, Aishbag, Lucknow, respondent no. 4 under the orders of the Child Welfare Committee, Lakhimpur Kheri passed on 26.2.2021. 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