High Court

1. Heard learned counsel for the petitioner, Sri Puneet Chandra, learned counsel for the private respondents, learned AGA for the State-respondents and perused the record.

2. The present writ petition has been filed with the following main reliefs: "i) Issue writ, order in nature of habeas corpus for release of petitioner from the illegal custody of opposite parties no. 4, in the interest of justice."

3. On 19.7.2024 the following orders was passed: "Heard Sri Alok Kr. Misra, learned counsel for the petitioner and Sri Ashok Kumar Singh, learned A.G.A.-I for the State Opposite Parties No.1 to 3. The allegation of the petitioner is that the detenue is in unlawful detention of the respondent no.4. Issue notice to the respondent no.4 by electronic means of communication forthwith through the learned Chief Judicial Magistrate concerned. The Superintendent of Police concerned is ordered to cause detenue to be produced before this Court on 20.08.2024 alongwith the respondent no.4 without any fail. The petitioner, Chandni Sharma shall also remain present before this Court on 20.08.2024. List this case on 20.08.2024 before the appropriate Bench. Let this order be communicated to the learned Chief Judicial Magistrate concerned and the Superintendent of Police concerned for compliance by the Joint Registrar (Compliance) through e-mail, fax and other urgent electronic means of communication forthwith." 4. On 20.8.2024 the following orders was passed: Anant Sharma "In compliance of the order dated 19.07.2024 the opp. party No. 4 Gautam Sharma is present in person before this court, but he has not brought the corpus Master Anant Sharma. He submits that the corpus Master Mother of thecorpus Master Anant Sharma Chandni Sharma is also present in person before this court. She submits that she is willing to go with the husband-respondent No. 4 and wants to live with the husband and child/corpus Master Anant Sharma, both, at Pune or at any place where the husband keeps her. She also submits that there are some minor disputes which always happens between husband and wife. Pune. Sri Gautam Sharma also submits that he will bring the corpus Master Anant Sharma on the next date fixed before this court and he will take the wife Chandni Sharma with him to Pune. Accordingly list this case on 16.09.2024. On that date, Mother of the corpus Master Anant Sharma and the opp. party No. 4 Gautam Sharma alongwith the corpus Master Anant Sharma shall appear before this court alongwith their Advocates, for further order." 5. On 3.10.2024 the following orders was passed: "Application for exemption has been filed on behalf of the respondent No.4 on the ground that he has met with an accident while traveling in train and therefore is advised rest for six days and cannot appear before this Court. Without entering into the genuinity of the excuse shown by the respondent No.4, let this matter be listed tomorrow as the consensus has arrived at between the parties to finally adjudicate the list. Thus, list this case on 04.10.2024 to be taken as the first case after the list of fresh cases." 6. On 4.10.2024 the following orders was passed: "1. Heard Shri Alok Kr. Misra, learned counsel for the petitioner, Shri Ravi Singh, learned counsel for the respondent no. 4 along with Shri Brijendra Singh, Advocate, as well as learned AGA representing respondent nos. 1, 2 and 3-State Authorities and gone through the record.

2. Having regard to the urgency shown by the learned counsel for the petitioner, let this case be listed on 16.10.2024 in the list of fresh cases.

3. At this juncture, mother of the child/next friend, who is personally present before this court, states that she has not seen her son since long and, therefore, she be provided an opportunity to meet her son.

4. Having regard to the willingness shown and keeping in view the fact that the next friend is the mother of the corpus-Master Anant Sharma, it is provided that respondent no. 4 shall facilitate video calling on the mobile-phone of mother/next friend- Smt. Chandani Sharma (mobile number no.8957599460), on alternate days between 6 to 8 p.m. till the next date of listing."

7. On 16.10.2024 the following orders was passed: "Heard learned counsel for the petitioner, learned AGA for the State and Shri Ravi Singh, learned counsel for the private-respondent. On the joint request of learned counsel for the parties, let the matter be placed before Mediation and Conciliation Centre of this Court on 07.11.2024 to resolve the dispute between the parties. In the mediation proceedings, the respondent no. 4/Gautam Sharma S/o Ashok Kumar Sharma shall appear alongwith minor (petitioner). In case, the the respondent no. 4 fails to appear in terms of the aforesaid, immediately the matter shall be placed before this Court as first case after the list of fresh cases. List/put up this case before this Court on 10.12.2024 as fresh along with mediation report" 8. On 6.1.2025 the following orders was passed: "1. Supplementary affidavit filed by the respondent no.4 is taken on record. 2. Perusal of this supplementary affidavit would reveal that a certificate issued by a Hospital in the name of Car Accident Hospital of date 4.1.2025 has been place at page no.4 and it is on the basis of this certificate it is confessed before this Court that respondent no.4 Mr. Gautam Sharma who is father of the alleged detenue has met within an accident and therefore he is not in a position to travel.

3. Perusal of this certificate would reveal that fracture of some bones is shown to have been suffered by respondent no.4, however, he has been advised rest only during the period from 24.12.2024 till 7.1.2025. Though this Court is having some doubt with regard to the authenticity of certificate, however, without commenting on the merits of this certificate as the period of rest advised in this certificate is ending on 7.1.2025 i.e. tomorrow. 4. Let this case be listed on 17.01.2025, by showing the name of Shri Brijendra Singh as counsel for respondent no.4, on which date the respondent no. 4 shall comply the order." 9. On 10.2.2024 the following orders was passed: "At the request of learned counsel for both the parties, list on 28.02.2025 in terms of earlier order." 10. But Today Mr. Puneet Chandra appearing for respondent has filed exemption application on the ground that due to non availability of reservation in train, private respondent could not appear before the Court. As it is evident from the order dated 10.2.2025 passed by a Division Bench of this Court in Special Appeal Defective No. 55 of 2025 filed by the private respondent in which order dated 19.7.2024 passed in the present writ petition was challenged and the appeal was disposed of as the private respondent undertakes that on 28.2.2025(today) minor child will be produced before the Court. The said order dated 10.2.2025 passed in Special Appeal Defective No. 55 of 2025 is quoted hereinbelow: "C.M. Application No.1 of 2025 (Application for condonation of delay in filing the Special Appeal):

1. Heard Sri Puneet Chandra, the learned counsel for the appellant, the learned Additional Chief Standing Counsel appearing on behalf of the State, Sri Alok Kumar Misra, the learned counsel appearing on behalf of the opposite party no.1 and perused the records.

2. The instant intra-Court Appeal filed by the State is delayed by 196 days as on the date of filing i.e. 05.02.2025.

3. The appeal is accompanied with an application seeking condonation of delay supported by an affidavit. In the affidavit filed in support of the delay condonation application, we find that just and plausible reasons have been disclosed by the applicant-appellant seeking condonation of delay.

4. In absence of any objection and the explanation offered being bona fide, the application for condonation of delay is allowed and the delay in filing the appeal is condoned.

5. Let the Special Appeal be assigned a regular number. Order on the Special Appeal:

6. The instant intra court appeal is directed against an interlocutory order dated 19.07.2024, passed in Habeas Corpus Writ Petition (HABC) No.203 of 2024, where-after a series of orders have come to be passed in the habeas corpus petition, which is pending. Essentially production of the child is directed by the writ court. The matter is pending. The impugned order passed by the writ court for production of minor child does not call for any interference. On production of the child before the writ court the writ court, the matter is requested to be dealt with in accordance with law.

7. The appellant who is present in person before this court undertakes to produce the minor child before the writ court on 28.02.2025 unfailingly in terms of orders passed.

8. The special appeal is accordingly disposed of."

11. It is also informed that an another Special Appeal No. 58 of 2025 was also filed by the private respondent which was dismissed.

12. It is evident from the exemption application which is filed by the learned counsel for the private respondent without any affidavit on the ground that due to non availability of the ticket in the train, private respondent could not appear, therefore, his presence may be exempted.

13. It is evident from the record that the repeated directions were given to the private respondent for production of detenu before this court as the undertaking was also given by the private respondent before the Division Bench but the same has not be honoured, therefore, the conduct of the private respondent is hereby deprecated and the exemption application no. Nil of 2025 is hereby dismissed.

14. The court is willing to dismiss the exemption application with cost but on the request of Sri Puneet Chandra, learned counsel for the private respondent, cost is not being imposed to enable him to produce the detenu on the next date of listing.

15. List this case on 25.3.2025 at 11:30 AM.

16. The learned counsel for the private respondent is directed to produce the detenu before this Court on the next date of listing in terms of earlier orders as well as undertakings given by him, failing which, non bailable warrant will be issued against the private respondent on the next date of listing.

17. The learned counsel for the private respondent undertakes to facilitate a daily video call between detenu and the deponent at 7 PM. Order Date :- 28.2.2025 AKK

1. Heard learned counsel for the petitioner, Sri Puneet Chandra, learned counsel for the private respondents, learned AGA for the State-respondents and perused the record.

2. The present writ petition has been filed with the following main reliefs: "i) Issue writ, order in nature of habeas corpus for release of petitioner from the illegal custody of opposite parties no. 4, in the interest of justice."

3. On 19.7.2024 the following orders was passed: "Heard Sri Alok Kr. Misra, learned counsel for the petitioner and Sri Ashok Kumar Singh, learned A.G.A.-I for the State Opposite Parties No.1 to 3. The allegation of the petitioner is that the detenue is in unlawful detention of the respondent no.4. Issue notice to the respondent no.4 by electronic means of communication forthwith through the learned Chief Judicial Magistrate concerned. The Superintendent of Police concerned is ordered to cause detenue to be produced before this Court on 20.08.2024 alongwith the respondent no.4 without any fail. The petitioner, Chandni Sharma shall also remain present before this Court on 20.08.2024. List this case on 20.08.2024 before the appropriate Bench. Let this order be communicated to the learned Chief Judicial Magistrate concerned and the Superintendent of Police concerned for compliance by the Joint Registrar (Compliance) through e-mail, fax and other urgent electronic means of communication forthwith." 4. On 20.8.2024 the following orders was passed: Anant Sharma "In compliance of the order dated 19.07.2024 the opp. party No. 4 Gautam Sharma is present in person before this court, but he has not brought the corpus Master Anant Sharma. He submits that the corpus Master Mother of thecorpus Master Anant Sharma Chandni Sharma is also present in person before this court. She submits that she is willing to go with the husband-respondent No. 4 and wants to live with the husband and child/corpus Master Anant Sharma, both, at Pune or at any place where the husband keeps her. She also submits that there are some minor disputes which always happens between husband and wife. Pune. Sri Gautam Sharma also submits that he will bring the corpus Master Anant Sharma on the next date fixed before this court and he will take the wife Chandni Sharma with him to Pune. Accordingly list this case on 16.09.2024. On that date, Mother of the corpus Master Anant Sharma and the opp. party No. 4 Gautam Sharma alongwith the corpus Master Anant Sharma shall appear before this court alongwith their Advocates, for further order." 5. On 3.10.2024 the following orders was passed: "Application for exemption has been filed on behalf of the respondent No.4 on the ground that he has met with an accident while traveling in train and therefore is advised rest for six days and cannot appear before this Court. Without entering into the genuinity of the excuse shown by the respondent No.4, let this matter be listed tomorrow as the consensus has arrived at between the parties to finally adjudicate the list. Thus, list this case on 04.10.2024 to be taken as the first case after the list of fresh cases." 6. On 4.10.2024 the following orders was passed: "1. Heard Shri Alok Kr. Misra, learned counsel for the petitioner, Shri Ravi Singh, learned counsel for the respondent no. 4 along with Shri Brijendra Singh, Advocate, as well as learned AGA representing respondent nos. 1, 2 and 3-State Authorities and gone through the record.

2. Having regard to the urgency shown by the learned counsel for the petitioner, let this case be listed on 16.10.2024 in the list of fresh cases.

3. At this juncture, mother of the child/next friend, who is personally present before this court, states that she has not seen her son since long and, therefore, she be provided an opportunity to meet her son.

4. Having regard to the willingness shown and keeping in view the fact that the next friend is the mother of the corpus-Master Anant Sharma, it is provided that respondent no. 4 shall facilitate video calling on the mobile-phone of mother/next friend- Smt. Chandani Sharma (mobile number no.8957599460), on alternate days between 6 to 8 p.m. till the next date of listing."

7. On 16.10.2024 the following orders was passed: "Heard learned counsel for the petitioner, learned AGA for the State and Shri Ravi Singh, learned counsel for the private-respondent. On the joint request of learned counsel for the parties, let the matter be placed before Mediation and Conciliation Centre of this Court on 07.11.2024 to resolve the dispute between the parties. In the mediation proceedings, the respondent no. 4/Gautam Sharma S/o Ashok Kumar Sharma shall appear alongwith minor (petitioner). In case, the the respondent no. 4 fails to appear in terms of the aforesaid, immediately the matter shall be placed before this Court as first case after the list of fresh cases. List/put up this case before this Court on 10.12.2024 as fresh along with mediation report" 8. On 6.1.2025 the following orders was passed: "1. Supplementary affidavit filed by the respondent no.4 is taken on record. 2. Perusal of this supplementary affidavit would reveal that a certificate issued by a Hospital in the name of Car Accident Hospital of date 4.1.2025 has been place at page no.4 and it is on the basis of this certificate it is confessed before this Court that respondent no.4 Mr. Gautam Sharma who is father of the alleged detenue has met within an accident and therefore he is not in a position to travel.

3. Perusal of this certificate would reveal that fracture of some bones is shown to have been suffered by respondent no.4, however, he has been advised rest only during the period from 24.12.2024 till 7.1.2025. Though this Court is having some doubt with regard to the authenticity of certificate, however, without commenting on the merits of this certificate as the period of rest advised in this certificate is ending on 7.1.2025 i.e. tomorrow. 4. Let this case be listed on 17.01.2025, by showing the name of Shri Brijendra Singh as counsel for respondent no.4, on which date the respondent no. 4 shall comply the order." 9. On 10.2.2024 the following orders was passed: "At the request of learned counsel for both the parties, list on 28.02.2025 in terms of earlier order." 10. But Today Mr. Puneet Chandra appearing for respondent has filed exemption application on the ground that due to non availability of reservation in train, private respondent could not appear before the Court. As it is evident from the order dated 10.2.2025 passed by a Division Bench of this Court in Special Appeal Defective No. 55 of 2025 filed by the private respondent in which order dated 19.7.2024 passed in the present writ petition was challenged and the appeal was disposed of as the private respondent undertakes that on 28.2.2025(today) minor child will be produced before the Court. The said order dated 10.2.2025 passed in Special Appeal Defective No. 55 of 2025 is quoted hereinbelow: "C.M. Application No.1 of 2025 (Application for condonation of delay in filing the Special Appeal):

1. Heard Sri Puneet Chandra, the learned counsel for the appellant, the learned Additional Chief Standing Counsel appearing on behalf of the State, Sri Alok Kumar Misra, the learned counsel appearing on behalf of the opposite party no.1 and perused the records.

2. The instant intra-Court Appeal filed by the State is delayed by 196 days as on the date of filing i.e. 05.02.2025.

3. The appeal is accompanied with an application seeking condonation of delay supported by an affidavit. In the affidavit filed in support of the delay condonation application, we find that just and plausible reasons have been disclosed by the applicant-appellant seeking condonation of delay.

4. In absence of any objection and the explanation offered being bona fide, the application for condonation of delay is allowed and the delay in filing the appeal is condoned.

5. Let the Special Appeal be assigned a regular number. Order on the Special Appeal:

6. The instant intra court appeal is directed against an interlocutory order dated 19.07.2024, passed in Habeas Corpus Writ Petition (HABC) No.203 of 2024, where-after a series of orders have come to be passed in the habeas corpus petition, which is pending. Essentially production of the child is directed by the writ court. The matter is pending. The impugned order passed by the writ court for production of minor child does not call for any interference. On production of the child before the writ court the writ court, the matter is requested to be dealt with in accordance with law.

7. The appellant who is present in person before this court undertakes to produce the minor child before the writ court on 28.02.2025 unfailingly in terms of orders passed.

8. The special appeal is accordingly disposed of."

11. It is also informed that an another Special Appeal No. 58 of 2025 was also filed by the private respondent which was dismissed.

12. It is evident from the exemption application which is filed by the learned counsel for the private respondent without any affidavit on the ground that due to non availability of the ticket in the train, private respondent could not appear, therefore, his presence may be exempted.

13. It is evident from the record that the repeated directions were given to the private respondent for production of detenu before this court as the undertaking was also given by the private respondent before the Division Bench but the same has not be honoured, therefore, the conduct of the private respondent is hereby deprecated and the exemption application no. Nil of 2025 is hereby dismissed.

14. The court is willing to dismiss the exemption application with cost but on the request of Sri Puneet Chandra, learned counsel for the private respondent, cost is not being imposed to enable him to produce the detenu on the next date of listing.

15. List this case on 25.3.2025 at 11:30 AM.

16. The learned counsel for the private respondent is directed to produce the detenu before this Court on the next date of listing in terms of earlier orders as well as undertakings given by him, failing which, non bailable warrant will be issued against the private respondent on the next date of listing.

17. The learned counsel for the private respondent undertakes to facilitate a daily video call between detenu and the deponent at 7 PM. Order Date :- 28.2.2025 AKK