Allahabad High Court
SMRITI (MINOR) (CORPUS) AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court ordered that custody of the minor Smriti be transferred to her mother and disposed of the habeas corpus petition.
Summary
The High Court entertained a habeas corpus petition filed by minor Smriti, aged about 16, seeking her release from police custody. The police produced Smriti before the Court and explained that she had been enticed to elope by a private respondent, Masoom, who is already in judicial custody for offences under the BNS and POCSO Acts. Smriti expressed her wish to reside with her mother, Gudiya, who was also present and willing to take custody. Considering Smriti’s age, expressed desire, and the mother’s readiness, the Court ordered that custody of the minor be handed over to her mother. Consequently, the habeas corpus petition was disposed of.
Issues considered
- Whether the detention of the minor Smriti by the police was unlawful and warranted a habeas corpus remedy
- Whether the minor’s expressed wish to stay with her mother justifies transferring custody to the mother
Legislation cited
Subjects
- habeas corpus
- minor custody
- child welfare
- POCSO Act
- guardian rights
- police detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 190 of 2026
Smriti (Minor) (Corpus) And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravendra Pratap
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. By order dated 15.04.2026, the State was directed to produce the
corpus Smriti and in compliance of that order, she has been produced
before this Court by S.I. Amit Kumar, PNO No.192037642 and lady
Constable Chanda Patel, PNO No.182036822.
2. The Court interacted with the corpus Smriti, who is aged about 16
years, who disclosed that she has passed her Highschool examination and
she is willing to go with her mother/petitioner Gudiya. The petitioner
Gudiya is also present, who submitted that she is ready to take the custody
of the minor corpus.
3. The concerned police personnel also disclosed that the corpus was
enticed to elope by the private respondent no.5 Masoom, who is in
judicial custody in Case Crime No.55 of 2026, under Sections 137(2), 87,
64 of BNS and Section 5/6 of POCSO Act, Police Station Naini, District
Prayagraj.
4. In view of the above facts, keeping in view the corpus is a minor, who
has expressed her desire to reside with her mother Gudiya. Hence, her
custody is handed over to the petitioner, Gudiya.
5. Accordingly, the instant habeas corpus writ petition is disposed of.
(Sandeep Jain,J.)
May 6, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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