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2011 Supreme(All) 2509

VINOD PRASAD
MASTER SHOBHIT – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shashank Tripathi for the Petitioner; K.N. Bajpai Maheshwary Pd. Pandey and Sharad Chandra Singh for the Respondents.

JUDGMENT

Hon’ble Vinod Prasad, J.—Manju Sonkar, a widow mother, natural and legal guardian of detenue petitioner Master Shobhit, has approached this Court for issuance of a writ of Habeas Corpus, ensuring production of detenue’s corpus before this Court by respondent No. 3 Baij Nath and then hand over his (detenu’s) custody to her.

2. Before entering into various vex, complex, delicate and intricate issues, involved in this Habeas Corpus, a thumb nail resume of back ground facts, as are discernible from the pleadings made by both the sides in their affidavits, are inked below.

3. Manju Sonkar, the mother who has filed this Habeas Corpus Petition was married with Balbir Sonkar on 16.4.2000, according to Hindu customs and rites. From their wedlock, detenue petitioner Master Shobhit was born on 14.6.2004 and as on date, he is about 6 years of age. On the intervening night between 31.10.2007/1.11.2007 at 1.00 a.m. Balbir Sonkar was murdered and in that respect an FIR, Annexure 1, was lodged by his brother-in-law, Azam Sonkar, against two unknown murderers following early morning at 4.30 a.m. at P.S. Kalyanpur, district Kanpur Dehat, registered as crime No. 1102 of 2007, under Section 30




















































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