Satish and another v. State of U.P. and others). The aforesaid order dated

1. Heard Sri Shushil Kumar Sharma, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. for the State- respondents.

2. The present petition has been filed with the following prayer:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to handover the custody of the Corpus-the petitioner no.2, a minor to her mother, the petitioner no.1 on being her natural guardian. (ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

3. On 01.04.2025, the following order was passed: "1. Heard Sri Sushil Kumar Sharma, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. appearing for the State respondents.

2. Present petition has been filed seeking direction to the respondent no. 2 to handover the custody of the corpus (petitioner no. 2) to the petitioner no. 1 on being her natural guardian.

3. Submission of learned counsel for the petitioners is that father-Satish of the corpus (petitioner no. 2) has lodged a first information report registered as Case Crime No. 83 of 2023, under Sections 363, 504, 506 IPC and Section 3(2)(v) of SC/ ST Act and the corpus being the minor was sent to the Nari Niketan, Prayagraj pursuant to the order of this Court dated 26.11.2024 passed by learned Single Judge in Habeas Corpus Writ Petition No. 843 of 2024 (Satish and another vs. State of U.P. and others). The aforesaid order dated 26.11.2024 is quoted as under:- "1. Heard Sri Sushil Kumar Sharma, learned counsel appearing for the petitioners, Sri Basdeo Nishad, learned counsel appearing on behalf of respondent nos. 5 to 8 and learned A.G.A. for the State.

2. The writ petition has been filed seeking the following reliefs:- "(A). Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 5 to 8 to produce the corpus (petitioner no. 2) from their custody, before this Hon'ble Court. (B). Issue any other writ order or direction any other suitable nature which this Hon'ble Court may deem fit and proper under the fact and circumstance of the case. (C). Award the cost of writ petition in favour of the petitioners."

3. Corpus herself appeared before this Court and showed her concern that she will not be safe in her own house and as such she may be sent to Nari Niketan, Prayagraj.

4. As per the high school certificate the age recorded therein proves that corpus is minor having age of near about 17 years and 8 months.

5. As per statement recorded by corpus herself there is hardly any illegal detention carried out by the private respondents which has been alleged through the instant petition.

6. So far as the security of the minor girl (corpus) is concerned the District Probation Officer, Prayagraj is hereby directed to ensure proper lodging of corpus with Nari Niketan, Prayagraj till the date corpus attains majority.

7. Learned A.G.A. is hereby requested to ensure compliance of this order by 5:00 p.m.

8. For ensuring compliance learned A.G.A. may seek help from the Protocol Section of Allahabad High Court and the Registrar Protocol, Allahabad High Court is also hereby directed to extend all the necessary support for compliance of order as made above.

9. Having no merit in this case, the writ petition stands dismissed accordingly."

4. Learned Single Judge found that as per high-school certificate the corpus was minor and as per statement of the corpus recorded before the court it was found that there is hardly any illegal detention carried out by the private respondents which has been alleged in the petition and consequently the corpus was directed to be sent in Nari Niketan, Prayagraj till the corpus attains majority.

5. That is how the corpus is in Nari Niketan, Prayagraj. As per high-school certificate the date of birth of the corpus is 5.7.2007, therefore, she is still minor.

6. Learned counsel for the petitioners by drawing attention to paragraphs 8 and 9 of the petition it is submitted that now the corpus wants to go with her parents with her free will and she had a talk with her parents for this purpose through mobile phones. Learned counsel for the petitioners further submitted that he also had a talk with him and she is willing to go with her parents, therefore, present petition has been filed.

7. As prayed by learned counsel for the petitioners put up this case as fresh on 18.4.2025.

8. Learned A.G.A. is directed to produce the corpus on the date fixed under necessary protection to be provided to her.

9. Learned counsel for the petitioners is directed to present the petitioner no. 1-Prageeta (mother of the corpus) and Satish (father of the corpus), who had earlier filed Habeas Corpus Writ Petition No. 843 of 2024, which was dismissed by order dated 26.11.2024 as quoted above.

10. Office is directed to supply a copy of this order to Sri Rahul Asthana, learned A.G.A. for necessary compliance."

4. Pursuant to the aforesaid order, the corpus Shakshi daughter of petitioner no.1-Prageeta and father Satish of the corpus are present in the Court.

5. The corpus Shakshi has been identified by learned counsel for the petitioner as well as by her parents Prageeta (mother) and Satish (father) present in the Court. The corpus Sakshi has also identified her parents present in the Court. Their presence is noted in the ordersheet.

6. The parents were summoned to ascertain the genuineness of the Habeas Corpus petition having been filed by the petitioner no.1- Prageeta. They were directed to be remain present in the Court. As such, they are present along with their original Aadhar Cards photocopies whereof are taken on record.

7. Satish, father of the petitioner, had earlier filed petition being Habeas Corpus Writ Petition No.- 843 of 2024, which was dismissed by the order dated 26.11.2024 as quoted in the above quoted order.

8. The corpus Sakshi, who is admittedly a minor as her date of birth is 05.07.2007 as per her high school certificate, has expressed her willingness and desire to go with petitioner no.1-Prageeta (mother) as well as Satish (father). Petitioner no.1-Prageeta has clearly stated before this Court that she will take good care of her daughter and the same undertaking has been repeated by her father Satish. Petitioner No.1-Prageeta (mother) is seeking release of the corpus from Nari Niketan, Khuldabad, Prayagraj. The corpus herself has expressed her desire that she should be released and allowed to go with her parents.

9. In view of the statement made by the corpus Sakshi that she is willing to go with her parents who are natural guardian and the statements made by petitioner no.1-Prageeta and Satish, parents of the corpus that they will take good care of the corpus Sakshi, this Court is of the opinion that their minor daughter is to be released in their favour.

10. The corpus was sent to Naari Niketan, Khuldabad, Prayagraj after recording her statement of the corpus, who now expressed her desire to be released from Naari Niketan, Khuldabad, Prayagraj and wanted to go with her parents.

11. Pursuant to the aforesaid order, as the corpus had expressed her consent in the previous habeas corpus proceedings that she may be sent to Naari Niketan. Now, the corpus has come forward to file the present petition maintainability whereof is not in question as the petitioner no.1 is her natural guardian, this Court is of the opinion that the corpus be released today itself after completing the formalities by the Naari Niketan concerned.

12. For this purpose, learned A.G.A. is directed to ensure that the corpus is returned to the Naari Niketan, Khuldabad, Prayagraj/respondent no.2 forthwith and shall be released from there today itself in favour of petitioner no.1-Prageeta after completing all the formalities, if possible, before sunset.

13. Office is directed to supply a copy of this order to the learned A.G.A. free of cost for communication to respondent no.2 immediately for carrying out necessary formalities and to ensure earliest possible release of the corpus Sakshi, if possible, before sunset.

14. Constable Jagrati Sharma (PNO No. 192443757) and Rajiv Yadav (PNO No. 982410675) are present in the Court, who are attatched in the office of respondent no.2, are directed to communicate this order orally to the Superintendent, Nari Niketan, Khuldabad, Prayagraj/respondent no.2 for its compliance forthwith.

15. Constable Jagrati Sharma (PNO No. 192443757) and Rajiv Yadav (PNO No. 982410675), who have brought the corpus Sakshi before this Court is directed to ensure safe return of the corpus to Naari Niketan, Khuldabad, Prayagraj for compliance of this order.

16. With the aforesaid observations and directions, the present petition stands allowed. VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Order Date :- 18.4.2025/Virendra

1. Heard Sri Shushil Kumar Sharma, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. for the State- respondents.

2. The present petition has been filed with the following prayer:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to handover the custody of the Corpus-the petitioner no.2, a minor to her mother, the petitioner no.1 on being her natural guardian. (ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

3. On 01.04.2025, the following order was passed: "1. Heard Sri Sushil Kumar Sharma, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. appearing for the State respondents.

2. Present petition has been filed seeking direction to the respondent no. 2 to handover the custody of the corpus (petitioner no. 2) to the petitioner no. 1 on being her natural guardian.

3. Submission of learned counsel for the petitioners is that father-Satish of the corpus (petitioner no. 2) has lodged a first information report registered as Case Crime No. 83 of 2023, under Sections 363, 504, 506 IPC and Section 3(2)(v) of SC/ ST Act and the corpus being the minor was sent to the Nari Niketan, Prayagraj pursuant to the order of this Court dated 26.11.2024 passed by learned Single Judge in Habeas Corpus Writ Petition No. 843 of 2024 (Satish and another vs. State of U.P. and others). The aforesaid order dated 26.11.2024 is quoted as under:- "1. Heard Sri Sushil Kumar Sharma, learned counsel appearing for the petitioners, Sri Basdeo Nishad, learned counsel appearing on behalf of respondent nos. 5 to 8 and learned A.G.A. for the State.

2. The writ petition has been filed seeking the following reliefs:- "(A). Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 5 to 8 to produce the corpus (petitioner no. 2) from their custody, before this Hon'ble Court. (B). Issue any other writ order or direction any other suitable nature which this Hon'ble Court may deem fit and proper under the fact and circumstance of the case. (C). Award the cost of writ petition in favour of the petitioners."

3. Corpus herself appeared before this Court and showed her concern that she will not be safe in her own house and as such she may be sent to Nari Niketan, Prayagraj.

4. As per the high school certificate the age recorded therein proves that corpus is minor having age of near about 17 years and 8 months.

5. As per statement recorded by corpus herself there is hardly any illegal detention carried out by the private respondents which has been alleged through the instant petition.

6. So far as the security of the minor girl (corpus) is concerned the District Probation Officer, Prayagraj is hereby directed to ensure proper lodging of corpus with Nari Niketan, Prayagraj till the date corpus attains majority.

7. Learned A.G.A. is hereby requested to ensure compliance of this order by 5:00 p.m.

8. For ensuring compliance learned A.G.A. may seek help from the Protocol Section of Allahabad High Court and the Registrar Protocol, Allahabad High Court is also hereby directed to extend all the necessary support for compliance of order as made above.

9. Having no merit in this case, the writ petition stands dismissed accordingly."

4. Learned Single Judge found that as per high-school certificate the corpus was minor and as per statement of the corpus recorded before the court it was found that there is hardly any illegal detention carried out by the private respondents which has been alleged in the petition and consequently the corpus was directed to be sent in Nari Niketan, Prayagraj till the corpus attains majority.

5. That is how the corpus is in Nari Niketan, Prayagraj. As per high-school certificate the date of birth of the corpus is 5.7.2007, therefore, she is still minor.

6. Learned counsel for the petitioners by drawing attention to paragraphs 8 and 9 of the petition it is submitted that now the corpus wants to go with her parents with her free will and she had a talk with her parents for this purpose through mobile phones. Learned counsel for the petitioners further submitted that he also had a talk with him and she is willing to go with her parents, therefore, present petition has been filed.

7. As prayed by learned counsel for the petitioners put up this case as fresh on 18.4.2025.

8. Learned A.G.A. is directed to produce the corpus on the date fixed under necessary protection to be provided to her.

9. Learned counsel for the petitioners is directed to present the petitioner no. 1-Prageeta (mother of the corpus) and Satish (father of the corpus), who had earlier filed Habeas Corpus Writ Petition No. 843 of 2024, which was dismissed by order dated 26.11.2024 as quoted above.

10. Office is directed to supply a copy of this order to Sri Rahul Asthana, learned A.G.A. for necessary compliance."

4. Pursuant to the aforesaid order, the corpus Shakshi daughter of petitioner no.1-Prageeta and father Satish of the corpus are present in the Court.

5. The corpus Shakshi has been identified by learned counsel for the petitioner as well as by her parents Prageeta (mother) and Satish (father) present in the Court. The corpus Sakshi has also identified her parents present in the Court. Their presence is noted in the ordersheet.

6. The parents were summoned to ascertain the genuineness of the Habeas Corpus petition having been filed by the petitioner no.1- Prageeta. They were directed to be remain present in the Court. As such, they are present along with their original Aadhar Cards photocopies whereof are taken on record.

7. Satish, father of the petitioner, had earlier filed petition being Habeas Corpus Writ Petition No.- 843 of 2024, which was dismissed by the order dated 26.11.2024 as quoted in the above quoted order.

8. The corpus Sakshi, who is admittedly a minor as her date of birth is 05.07.2007 as per her high school certificate, has expressed her willingness and desire to go with petitioner no.1-Prageeta (mother) as well as Satish (father). Petitioner no.1-Prageeta has clearly stated before this Court that she will take good care of her daughter and the same undertaking has been repeated by her father Satish. Petitioner No.1-Prageeta (mother) is seeking release of the corpus from Nari Niketan, Khuldabad, Prayagraj. The corpus herself has expressed her desire that she should be released and allowed to go with her parents.

9. In view of the statement made by the corpus Sakshi that she is willing to go with her parents who are natural guardian and the statements made by petitioner no.1-Prageeta and Satish, parents of the corpus that they will take good care of the corpus Sakshi, this Court is of the opinion that their minor daughter is to be released in their favour.

10. The corpus was sent to Naari Niketan, Khuldabad, Prayagraj after recording her statement of the corpus, who now expressed her desire to be released from Naari Niketan, Khuldabad, Prayagraj and wanted to go with her parents.

11. Pursuant to the aforesaid order, as the corpus had expressed her consent in the previous habeas corpus proceedings that she may be sent to Naari Niketan. Now, the corpus has come forward to file the present petition maintainability whereof is not in question as the petitioner no.1 is her natural guardian, this Court is of the opinion that the corpus be released today itself after completing the formalities by the Naari Niketan concerned.

12. For this purpose, learned A.G.A. is directed to ensure that the corpus is returned to the Naari Niketan, Khuldabad, Prayagraj/respondent no.2 forthwith and shall be released from there today itself in favour of petitioner no.1-Prageeta after completing all the formalities, if possible, before sunset.

13. Office is directed to supply a copy of this order to the learned A.G.A. free of cost for communication to respondent no.2 immediately for carrying out necessary formalities and to ensure earliest possible release of the corpus Sakshi, if possible, before sunset.

14. Constable Jagrati Sharma (PNO No. 192443757) and Rajiv Yadav (PNO No. 982410675) are present in the Court, who are attatched in the office of respondent no.2, are directed to communicate this order orally to the Superintendent, Nari Niketan, Khuldabad, Prayagraj/respondent no.2 for its compliance forthwith.

15. Constable Jagrati Sharma (PNO No. 192443757) and Rajiv Yadav (PNO No. 982410675), who have brought the corpus Sakshi before this Court is directed to ensure safe return of the corpus to Naari Niketan, Khuldabad, Prayagraj for compliance of this order.

16. With the aforesaid observations and directions, the present petition stands allowed. VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Order Date :- 18.4.2025/Virendra