Riya Devi and Another v. State of U.P. and 4 Others

Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 976 of 2023 Petitioner :- Riya Devi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Tripathi,Mohd. Asim Zulfiquar Counsel for Respondent :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1None responds for the petitioners.

¶2Heard learned A.G.A. for the State-respondents and perused the record.

¶3Learned A.G.A. submits that the matter was brought before the Child Welfare Committee. The corpus who is six years old girl was abandoned by her mother and the mother had accompanied another person leaving her matrimonial house. A complaint case no.624 of 2019, Suneeta Devi vs. Amar Singh is pending. On the basis of report from the police, C.W.C. took cognizance and granted custody of minor girl to her grand father. It may be noted that her father is working in foreign country. And the child has been handed over to opposite party no.5 in a proceeding initiated by the petitioner in the above backdrop.

¶4The 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.

¶5The petition is devoid of substance and is hereby dismissed. Order Date :- 7.12.2023 Asha High Court of Judicature at Allahabad