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IN THE HIGH COURT OF ALLAHABAD
MS. NAND PRABHA SHUKLA, J.
Sanju Bhartiya And Another - Petitioner
Versus
State Of Uttar Pradesh And Others - Respondents
Habeas Corpus Writ Petition No. 301 of 2024
Decided On : 29-07-2024
RELEASE - CUSTODY OF CORPUS - The court addressed the issue of the custody of a minor, determining that the corpus was unlawfully held by respondents and subsequently ordered the release of the minor to the rightful guardian, emphasizing the importance of lawful custody and the protection of minors' rights.
Fact of the Case:
The petitioners sought the release of Sanju Bhartiya, a minor, who was allegedly unlawfully held by respondents 4 and 5. The police recovered the minor and presented them in court.
Finding of the Court:
The court found that the minor was unlawfully held by the respondents and confirmed the recovery of the minor by police officials. The custody was granted to the father of the minor, Arun Kumar Bhartiya.
Issues: Whether the minor was unlawfully held by the respondents and whether the custody should be granted to the father.
Ratio Decidendi: The court emphasized the legal principle that custody of a minor must be determined in the best interest of the child, and unlawful detention of a minor is impermissible under law.
Final Decision: The petition was allowed, and the custody of the minor was granted to the father.
JUDGMENT :
(Ms. Nand Prabha Shukla, J.)
1. Vakalatnama filed on behalf of respondent no.5 is taken on record.
2. Heard Shri Sunil Kumar, learned counsel for the petitioners; Shri Shiv Kumar, learned counsel for respondent no.5; Shri Chandra Badan, learned AGA for the State and perused the record.
3. Pursuant to the order dated 18.7.2024, petitioner no.1 Sanju Bhartiya (corpus) has been produced by police officials, Sub Inspector Vipin Kumar Yadav, Sub Inspector Akhilesh Kumar Yadav and Constable Geeta Yadav before this Court, who is identified by Shri Sunil Kumar, learned counsel for the petitioners.
4. Learned counsel for the State informs that the corpus was recovered from respondent nos.4 and 5 on 26.07.2024 and the custody of the corpus has already been given to petitioner no.2 Arun Kumar Bhartiya (father of the corpus).
5. The present petition is, accordingly, allowed.
The court established that the unlawful detention of a minor is a violation of their rights, necessitating immediate legal intervention to restore custody to the rightful guardian.
The court established that allegations of illegal confinement must be supported by credible evidence for a habeas corpus petition to succeed.
Sec. 437 of Code makes a provision for persons who have been arrested in a non-bailable offence and have been produced before a Magistrate.
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