JUDGMENT :

Gautam Chowdhary, J.

1. Heard learned counsel for the petitioner, Sri Pankaj Srivastava, Sri C.B. Singh, Sri Madnesh Prakash, learned A.G.A. for the State and Sri Sumit Daga, learned counsel for the opposite parties no. 1, 2 and 3 and perused the record.

2. This petition has been filed with a prayer to issue a writ in the nature of habeas corpus directing and commanding the respondents to produce the corpus (petitioner No. 1) from unlawful, astonishingly harmful an illegal custody of Respondent No. 1, 2 and 3 and set him liberty with his mother.

3. From the perusal of the Paragraph No. 24 of the Habeas Corpus writ petition it transpires that the matter is already pending before the appropriate Court for redressal of ward custody, which is quoted below:

"That thereafter, the mother/legal guardian of the petitioner also filed an application on 26/8/2020, under section 6 of the Hindu Minority and Guardianship Act, 1956 read with Section 7 and 25 of the Guardians and Wards Act, 1890 seeking custody of the Petitioner before Family Court, Ghaziabad. The mother/legal guardian has also been threatened for life by Respondent No. 1, 2 and 3 and as mentioned above on 25.4.2020, has also been forcefully thrown out from her matrimonial home."

4. On the other hand learned A.G.A. has placed the reliance upon the case of Manuj Sharma Vs. State of U.P. and others, 2019 (4) ADJ 840 by Hon. Pritinker Diwaker and Raj Beer Singh, JJ decided on 12.4.2019 at para Nos. 8 to 28, which is quoted below:

"8. Habeas corpus "ad subjiciendum" means "that you have the body to submit or answer" which is called as Festinum Remedium - A speedy remedy, which has been sought by the petitioner in this instant case.

9. Habeas Corpus is Latin for "you have the body". The writ is referred to in full in legal texts as habeas corpus ad subjiciendum or more rarely ad subjiciendum et recipiendum. It is sometimes described as the "great writ". It is considered as a most expeditious remedy available under the law.

10. The meaning of the term habeas corpus is "you must have the body". Halsbury in his Laws of England, 4th Edition, observed as follows:

"The writ of habeas corpus ad subjiciendum which is commonly known as the writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from the unlawful or unjustifiable detention whether in prison or in private custody. It is a prerogative writ by which the queen has a right to inquire into the laws for which any of her subjects are deprived of their liberty."

11. In Corpus Juris Secundum, the nature of the writ of habeas corpus is summarized thus:

"The writ of habeas corpus is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designate time and place with the day and cause of his caption and detention to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. 'Habeas corpus' literally means "have the body". By this writ, the court can direct to have the body of the person detained to be brought before it in order to ascertain whether the detention is legal or illegal. Such is the predominant position of the writ in the Anglo-Saxon Jurisprudence."

12. In the Constitutional and Administrative Law by Hood Phillips and Jackson it was stated as under: - (Relied upon by the Supreme Court in the matter of Surinderjit Singh Mand and another v. State of Punjab and another, to highlight the importance and significance of personal liberty, specially with reference to unlawful detention.) "10. The legality of any form of detention may be challenged at common law by an application for the writ of habeas corpus. Habeas corpus was a prerogative writ, that is, one issued by the King against his officers to compel them to exercise their functions properly. The practical importance of habeas corpus as providing a speedy judicial remedy for the determination of an a