Km. Meena Thru. Her Father Om Prakash v. State of U.P Thru. Secy. Home Deptt. Lko. and 4 Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 218 of 2024 Petitioner :- Km. Meena Thru. Her Father Om Prakash Respondent :- State Of U.P Thru. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Dinesh Kumar Dixit,Vinay Mishra Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Dinesh Kumar Dixit, learned counsel for the petitioner, Sri Hari Shanker Bajpai, learned A.G.A.-I for the State as well as perused the record. The instant writ petition has been filed seeking following main relief:- "(I) Issue a writ order or direction in the nature of Habeas Corpus thereby directing the opposite parties to produce the petitioner before this Hon'ble Court and set her at liberty to reside with her father." Learned counsel for the petitioner submits that the detenue is under illegal custody of the respondent no.5. He further submits that in this regard, the petitioner has moved an application before the Station House Officer, Police Station Jarwal Road, District Bahraich, however, till date no action has been taken either for lodging of first information report or for recovery of the daughter of the petitioner. On the other hand, learned A.G.A.-I for the State submits that since the petitioner has already moved the application before the authorities concerned, therefore, he may pursue the same otherwise he has a remedy to move an application under Section 175(3) Bharatiya Nagarik Suraksha Sanhita, 2023 for lodging of the first information report. Thus, the relief sought in this writ petition cannot be granted. After considering the arguments as advanced by learned counsel for the parties as well as after perusal of record, this Court is of the view that since the petitioner has already moved the application before the authorities concerned, however, till date no action has been taken, thus, he has a remedy to move an application under Section 175(3) Bharatiya Nagarik Suraksha Sanhita, 2023 for lodging of the first information report or he may avail any other remedy as per law for redressal of his grievance. With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 25.7.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench