Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 858 of 2019 Petitioner :- Tajbunnisha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
This habeas corpus petition has been filed by the petitioner no.2 (Sanket Kumar Chauhan) for production of the corpus (Tajbunnisha) and for setting her at liberty.
On 23.09.2019, we had required the learned A.G.A. to seek instruction and inform the Court as to under what circumstances, the corpus is being detained, if at all.
Sri Deepak Mishra, learned A.G.A. has obtained instruction and has produced a photocopy of the order dated 27.05.2019 passed by Ist Additional Sessions Judge, Chandauli, by which the corpus Tajbunnisha has been directed to be kept in the protection of Nari Niketan.
It appears from the order that her date of birth was ascertained as "12.02.2004".
As the corpus is in a protection home, pursuant to a judicial order, learned counsel for the petitioners prays to withdraw this petition with liberty to take recourse to appropriate legal remedy against the judicial order.
In view of the above, the petition is dismissed as withdrawn with liberty, as prayed for.
Order Date :- 27.9.2019
Anand Sri./-