MOHD IRFAN Vs. STATE OF U P

JUDGEMENT

(1.) This intra-court appeal arises out of the judgment and order dated 8.10.2014 passed by learned Single Judge in Habeas Corpus Writ Petition No. 12616 of 2014 ( Amal Irfa Vs. State of U.P. and 2 others) whereby the learned Single Judge while allowing the writ petition has directed the appellant, who is the father of corpus -little girl Amal Irfa to hand over her custody to her mother Mrs. Shaista Anjum at the earliest and not later than 15th October, 2014.

(2.) At the very outset, learned counsel for the respondent Mrs. Shaista Anjum has raised a preliminary objection regarding the maintainability of this special appeal on the ground that the proceedings in writ of habeas corpus are criminal in nature, so special appeal against it is not maintainable in view of provision of Chapter VIII Rule 5 of Allahabad High Court Rules which specifically bars special appeal against an order of single judge passed in exercise of criminal jurisdiction.

(3.) On the other hand, learned counsel for the appellant has submitted that the special appeal is maintainable against such order and that is why the Stamp Reporter has not reported anything against its maintainability.