Hon’ble Anil Kumar, J.—We have heard Sri Murli Manohar Srivastava, learned counsel for appellant, learned Standing Counsel and Sri P.K. Punhani, learned counsel for respondent.

2. Smt. Sudha Singh,the mother of Km. Riya Singh filed a writ petition under Article 226 of the Constitution of India in the nature of Habeas Corpus for custody and welfare of minor girl Km. Riya Singh on the facts that she married with Sri Mahabeer Singh as per Hindu rituals on 9.12.2000, out of their wedlock, a daughter born on 25.9.2005, namely, Kumari Riya Singh. Thereafter, the relation between them had become strange, as a result of which they started living separately and Kumari Riya Singh is under the custody of his father Sri Mahabeer Singh, so the custody of minor may be given to her.

3. Learned Single Judge on 25.5.2011 passed an order in the said matter (Habeas Corpus No. 288 of 2011 Riya Singh v. State of U.P. and others), relevant portion of the said order on reproduction reads as under :

“During course of introduction, I find her very much innocent. Therefore, looking into welfare of the child, I hereby issue direction to her parents to keep her in the Boarding School for her continuous study within three days from today, instead of keeping her under custody of either of them. I am informed that ‘La Martinere Girls College, Lucknow’ maintains Boarding houses. Though the admission may be over there, but keeping in her interest, I hereby request the Principal of La Martinere Girls College, Lucknow to admit her in appropriate class and this Court provides that the expenses of study in Boarding shall be borne by Mr. Mahaveer Singh, father of the child, who is Engineer in PWD Shahajanpur. He being earning person is directed to bear the whole expenses of Riya Singh in the School including fooding, lodging and clothing etc. Mrs. Sudha Singh shall have the right to meet with her daughter Riya Singh on holidays as per Rules of the College. If she is interested in outing with Riya Singh, she can do so with the permission of the college, but by closing hours of Boarding she shall put her into Boarding.

Let certified copy of this order be placed before the ‘Principal, La Martinere Girls College, Lucknow.

Keeping in view the observations made here-in-above, list on 11.7.2011.”

Aggrieved by the said order, present special appeal (Special appeal No. 574 of 2011) has been filed by Smt. Sudha Singh as next friend and mother of Kr. Riya Singh under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (hereinafter referred to as the Rules).

4. On behalf of respondent, Sri Mahabeer Singh (father of Km. Riya Singh) a preliminary objection has been raised to the effect that present special appeal filed under Chapter VIII Rule 5 of the Rules is not maintainable.

5. In order to support the same, Sri P.K. Punhani, learned counsel appearing on behalf of Sri Mahabeer Singh submits that the writs of Habeas Corpus are essentially criminal writs, therefore, even under the provisions dealing with the filing of caveat, there is no mention about Habeas Corpus and further that the caveat is always filed in civil matters. Learned counsel Sri Punhani further submitted that normally the writs of Habeas Corpus are listed before the Division Benches of this Court dealing with criminal matters. Therefore, the writ of Habeas Corpus is considered to be a criminal matter.

6. In view of the abovesaid facts, Sri P.K. Punhani submits that present special appeal arising out of the order passed by learned Single Judge in the Habeas Corpus matter is not maintainable.

7. Sri Murli Manohar Srivastava, learned counsel for appellant while rebutting the said objection, in order to support the maintainability of the special appeal under Chapter VIII Rule 5 of the Rules submitted that under Constitutional remedies as provided in the Constitution of India, High Court under Article 226 of the Constitution has power to issue prerogative writs in the nature of Habeas Corpus, mandamus, prohibi