Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 96 of 2019 Petitioner :- Varsha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record.
The present writ petition has been filed with the prayer to issue a writ in the nature of habeas corpus directing the respondent no. 4 to produce petitioner no.1, Smt. Varsha before the Court and set her at liberty.
I may record that the custody of the corpus, Smt. Varsha has been handed over by a judicial order dated 11.10.2018 passed by C.J.M., Ghaziabad wherein the learned Magistrate after recording that the corpus is minor has given her custody to respondent no.4. The order was passed more than three months back, however, the same has not been challenged before appropriate forum.
In my opinion, the instant writ petition is not maintainable in view of the custody been delivered to her mother by a judicial order.
It is always open for petitioner no.2 to challenge the order dated 11.10.2018 before appropriate forum.
In view of the aforesaid, the instant habeas corpus writ petition is, accordingly, dismissed.
Order Date :- 31.1.2019 Vikas