Court No. - 49 Case :- HABEAS CORPUS WRIT PETITION No. - 30044 of 2009 Petitioner :- Pratyaksh Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Suneel Rai,Ashutosh Tripathi Respondent Counsel :- Govt. Advocate,A.K.Singh,Ganesh Yadav,Gorakh Yadav Hon'ble Ravindra Singh,J.
Heard learned counsel for the petitioner, learned A.G.A., Sri A.K.Singh
& Sri Gorakh Yadav, learned counsel appearing on behalf of respondent
nos. 3, 4 and 5.
This petition has been filed on behalf of Pratyaksh Singh, aged about 3
½ years, with a prayer that he may be released from the custody of
respondent nos. 3,4 and 5.
From the perusal of the record, it appears that Pratyaksh Singh was
produced before this Court by respondent nos. 3,4 and 5 on 16.11.2009,
on that date, his mother Smt. Priti Sodha was also present. Pratyaksh
Singh after looking at Priti Sodha had stated that her name was Priti
Sodha and he was not related to him, he had stated that he wanted to
live with respondent no.3 Ashok Kumar Gautam, who is elder brother
of the father of Pratyaksh Singh, because father of Pratyaksh Singh had
died.
According to counter affidavit, the matter is pending under the
Guardian and Wards Act in the court of District Judge, Ghaziabad vide
Misc. case No. 46 of 2009. According to the counsel for the petitioner,
it was dismissed in default for which the application for restoration has
been moved, its certified copy has been shown by counsel for the
respondent. The issue regarding the guardian ship etc. shall be decided
by the District Judge concerned.
So far as the question of meeting of Smt. Priti Sodha with the corpus
Pratyaksh Singh is concerned, she is having a right being mother of a
child. The detention of the petitioner in any case is not illegal, therefore,
the prayer for handing over the custody of petitioner Pratyaksh Singh to
her mother Smt. Priti Sodha is refused.
However, it is directed that the mother of Pratyaksh Singh, namely,
Smt. Priti Sodha shall be allowed to meet with him once in a week. In
case the respondent nos. 3, 4 and 5 do not permit the mother to meet,
she can move an application before the police station Kavi Nagar,
district Ghaziabad, the in-charge of the police station concerned shall
ensure their meeting.
With this direction, this petition is disposed of.
Let a certified copy of this order be supplied to learned A.G.A. for
compliance.
Order Date :- 6.1.2010
Su