Ravi Kumar @ Harkesh and Another v. State of U.P. and 3 Others

Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 749 of 2023 Petitioner :- Ravi Kumar @ Harkesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard Sri Manish Kumar, Advocate, holding brief of Sri Kuldeep Kumar and Sri R.K. Verma, learned A.G.A. of the State.

¶2Admittedly, in this case, father of the corpus lodged an F.I.R. Case Crime No. 192 of 2022 under sections 363, 506 I.P.C. P.S.-Arniya, District-Bulandshahr on 25.08.2022, with the allegation that petitioner no.1 Harkesh @ Ravi Kumar enticed away his daughter aged about 14 years. Admittedly, the girl was recovered and produced before the C.W.C. The C.W.C passed an order handing over custody of corpus to her father.

¶3The High Court of Allahabad in judgment passed in Habeas Corpus Writ Petition No. 362 of 2020 (Km. Rachna and another vs. State of U.P. and 4 Others) delivered on 08.03.2021, has clearly held in para no. 78 that a writ of habeas corpus would not be maintainable, if the detention in custody is pursuant to judicial orders passed by a Judicial Magistrate or a court of competent jurisdiction or by the Child Welfare Committee. Relevant Question No. 1 was framed, which is as below:- "Question No.1 : "(1) Whether a writ of habeas corpus is maintainable against the judicial order passed by the Magistrate or by the Child Welfare Committee appointed under Section 27 of the Act, sending the victim to Women Protection Home/Nari Niketan/Juvenile Home/Child Care Home?" Answering to Question no. 1, the High Court held as below:- "Answer : If the petitioner corpus is in custody as per judicial orders passed by a Judicial Magistrate or a Court of Competent Jurisdiction or a Child Welfare Committee under the J.J. Act. Consequently, such an order passed by the Magistrate or by the Committee cannot be challenged/assailed or set aside in a writ of habeas corpus." The court further held that even an illegal or irregular exercise of jurisdiction by the Magistrate or by the C.W.C., cannot give cause of action for a writ of habeas corpus.

¶4As the corpus has been given in custody of her father under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, by C.W.C. hence, her detention cannot be treated as illegal from any angle. The petition is devoid of substance and is hereby dismissed. Order Date :- 17.10.2023/Sumit Kumar High Court of Judicature at Allahabad