AWANISH PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anil Kumar Srivastava, learned Senior Counsel assisted by Sri Prem Narain Singh, learned counsel for the petitioners and Sri Arvind Kumar, learned Additional Government Advocate appearing for the State-respondents. No one has appeared for the respondent no. 4, though the names of counsel are shown in the list.

(2.) The present petition for a writ of habeas corpus has been filed seeking custody of the petitioner n. 2, corpus, stated to be a minor of age about five years and ten months, by the petitioner no. 1 who asserts to be his father.

(3.) The facts as stated in the writ petition indicate that the petitioner no. 2 was born in the month of January, 2014 and on 11.05.2015, the wife of the petitioner no. 1 i.e. the mother of the corpus, is stated to have committed suicide at the petitioner's home and thereafter an FIR was lodged against the petitioner no. 1 and other family members, registered as Case Crime No. 149 of 2015 under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Bahariya, District Prayagraj and the petitioner no. 1 was sent to jail on 17.05.2015.