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Allahabad High Court

ROHIT SHARMA (MINOR) AND ANOTHERversusState of U.P. AND 4 OTHERS

Decided

Holding

The court held that there was no illegal detention of the minor, so the habeas corpus petition could not be entertained.

Summary

The petitioners, represented by a minor Rohit Sharma, filed a habeas corpus petition seeking custody of the minor from the State of U.P. and other respondents. The respondents argued that the minor was not in illegal custody, noting that an earlier habeas corpus petition (No. 666 of 2022, Smt. Jigyasa & others v. State of U.P.) filed by the minor’s grandfather had been dismissed, granting only visitation rights on the last Sunday of each month. The court examined whether the present petition raised any issue of unlawful detention. Finding that the minor was not being held illegally by the private respondents, the court concluded there was no ground to entertain the petition. Consequently, the petition was dismissed.

Issues considered

  • Whether the minor Rohit Sharma is in illegal custody warranting a habeas corpus remedy
  • Whether the petitioner's request for custody is maintainable in view of the earlier dismissal and granted visitation rights

Subjects

  • habeas corpus
  • custody
  • minor
  • illegal detention
  • visitation rights

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                HABEAS CORPUS WRIT PETITION No. - 419 of 2024

                                    Rohit Sharma (Minor) And Another
                                                                                                     .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 4 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Akash Mishra
                                    Counsel for Respondent(s)                    :   Archit Mehrotra, G.A.

                                    Court No. - 53
                                                          HON'BLE SANDEEP JAIN, J.

                                    None is present for the learned counsel for the petitioners.

                                    Learned counsel for Respondent Nos. 4 and 5 is present and submits that
                                    earlier, the petitioner Gopal Saraswat, who is the grandfather of the minor
                                    Rohit Sharma, had filed Habeas Corpus Petition No. 666 of 2022 (Smt.
                                    Jigyasa and others vs. State of U.P. and others), seeking custody of his
                                    daughter-in-law, and the minor corpus. That petition was dismissed by this
                                    Court vide order dated 23.03.2023, with liberty granted to the petitioner to
                                    exercise visitation rights to meet his grandson Rohit Sharma on the last
                                    Sunday of every month. The petitioner Gopal Saraswat is now seeking
                                    custody of his grandson Rohit Sharma.

                                    It is evident that the minor is not in the illegal custody of the private
                                    respondents. Therefore, no case is made out for entertaining the present
                                    habeas corpus petition.

                                    Accordingly, the petition is dismissed.



                                                                                                   (Sandeep Jain,J.)
                                    May 7, 2026
                                    Mayank




Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad


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