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2021 Supreme(P&H) 1495

ARUN KUMAR TYAGI
Kiran V. Bhaskar – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Shadan Farasat, Advocate with Mr. Arjun Sheoran, Advocate and Ms Neha Sonawane, Advocate for the Appellant; Mr. Munish Dadwal, Asstt. A.G., Haryana for respondent No.1-State. Mr. Satish Tamta, Sr. Advocate with Mr. Animesh Sharma, Advocate and Mr. Vikramaditya Bhaskar, Advocate for respondents No.2 to 4. Mr. Anil Malhotra, Advocate as Amicus Curiae, for the Respondent

JUDGMENT

Arun Kumar Tyagi, J. - (The case has been taken up for pronouncement of judgment through video conferencing.)

1. The petitioner has filed the present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (herein after referred as 'the Cr.P.C.') for issuance of a writ in the nature of habeas corpus directing the respondents to ensure the release of minor child-Aaditya Kiran (herein after referred as 'minor child'), minor son of the petitioner (aged about four years at the time of filing of the present petition) from illegal custody of respondents No.2 to 4 and hand over his custody to the petitioner. The petitioner also sought interim relief that respondent No.1 be directed to ensure that respondents No.2 and 4 allow and facilitate the petitioner to communicate with his son over phone and video call on a daily basis, at a time convenient to both the petitioner and his son.

Repatriation claim of the petitioner-father of the minor child.

2. Briefly stated, the petitioner has averred in the petition that the petitioner, who is Post Graduate in Computer Science, is currently employed as a Senior Software Engin

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