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2023 Supreme(All) 29

RAM MANOHAR NARAYAN MISHRA
Viraj Bhati – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajiv Kumar Singh.
For the Respondent: Om Prakash Rai.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Hear Sri Rajeev Kumar Singh, learned counsel for the petitioners, Sri O.P. Rai and Ashish Rai, learned counsel for the respondent no. 3 and learned A.G.A. for the state and perused the material on record.

2. Instant habeas corpus petition has been filed by the petitioner no. 2 Smt. Anu Kumari on behalf of the corpus Viraj Bhati (minor) as well as on her own behalf and has sought following relief in the petition:

    “(i) issue a writ of habeas corpus, directing the respondent no. 3 to produce the corpus/petitioner no. 1/minor boy/son of petitioner no. 2 before this Hon’ble Court who is illegally detained by his grandmother/respondent no. 3 in the parental house of his late father situated at B-16, C-2, Everest Apartment, Shalimar Garden, Extension II, Sahibabad and District-Ghaziabad against the wish by the petitioner no. 1 to petitioner no. 2 on video call happened on 22.4.2022.

(ii) Issue any other suitable order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case for producing the corpus.

(iii) Award the cost of the habeas corpus petition to the petitioners.”

3. Learned counsel for the petitioners based hi

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