Tanisha Singh and Another v. State of U.P. and 4 Others

Court No. - 82 Case :- HABEAS CORPUS WRIT PETITION No. - 987 of 2023 Petitioner :- Tanisha Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devi Prasad Singh Counsel for Respondent :- G.A. Hon'ble Surendra Singh-I,J.

¶1Heard learned counsel for the petitioners and learned Additional Government Advocate appearing for the State - respondents.

¶2The present petition for a writ of habeas corpus has been filed with a prayer to produce and release the petitioner no. 1 who is the legally wedded wife of petitioner no. 2. It is contended that the petitioner no. 1 is in the custody of respondent no. 5 i.e. Superintendent, Nari Niketan, Khulladabad, District Prayagraj.

¶3The corpus is in the custody of respondent no. 5 in compliance of order of Child Welfare Committee, Mirzapur. The petitioner no. 1/corpus is not in illegal custody of any person. The petitioner no. 2 has the remedy to file an appeal against the detention of petitioner no. 1 under the Juvenile Justice (Care and Protection of Children) Act, 2015.

¶4The habeas corpus petition is not maintainable. It is accordingly dismissed. Order Date :- 29.11.2023 Pratima High Court of Judicature at Allahabad