Jasmeen Kaur Thru. Her Next Friend Amarprit Singh v. State of U.P. Thru. Prin. Secy. Civil Sectt. Home Deptt Civil Sectt. Lko and Others

Court No. - 10 Case :- HABEAS CORPUS WRIT PETITION No. - 394 of 2023 Petitioner :- Jasmeen Kaur Thru. Her Next Friend Amarprit Singh Respondent :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Home Deptt Civil Sectt. Lko And Others Counsel for Petitioner :- Rajiva Dubey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents.

¶2This petition has been filed as a Habeas Corpus Petition for the following main prayers:- "I. to issue a writ in the nature of Habeas Corpus, commanding the Superintendent of Rajkiya Baal Grah (Balika), Navin Bhawan, Para, Near Sindhi Churaha, Ashray Grah, Lucknow i.e. opposite party no.2 to release the detenue/petitioner who has been illegally detained in Rajkiya Baal Grah (Balika), Navin Bhawan, Para, Near Sindhi Chauraha, Ashray Grah, Lucknow. II. to issue a writ in the nature of Certiorari, quashing the Impugned order dated 22-5-2023, passed by President/Member, Nyay Peeth, Baal Kalyan Samiti, Lakhimpur Kheri i.e. opposite party no. 3 sending the detenue/petitioner to Rajkiya Baal Grah (Balika), Navin Bhawan, Para, Near Sindhi Chauraha, Ashray Grah, Lucknow, contained as Annexure No. 1 to this writ petition. "

¶3The petitioner has made a second prayer which is as follows:- "II. to issue a writ in the nature of Certiorari, quashing the Impugned order dated 22-5-2023, passed by President/Member, Nyay Peeth, Baal Kalyan Samiti, Lakhimpur Kheri i.e. opposite party no. 3 sending the detenue/petitioner to Rajkiya Baal Grah (Balika), Navin Bhawan, Para, Near Sindhi Chauraha, Ashray Grah, Lucknow, contained as Annexure No. 1 to this writ petition."

¶4This Court has seen annexure no.1, which is an order passed by the Child Welfare Committee. Against such an order statutory remedy of filing an appeal has been provided under the Juvenile Justice Act.

¶5The Writ Petition is not maintainable and it is dismissed as such. Order Date :- 15.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench