ABDIA ARIF Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Mohammad Sadab Khan, learned counsel for the petitioner, Sri Pankaj Saxena, learned AGA-I appearing for the State-respondents and Sri Suresh Kumar Gupta, learned counsel appearing for the respondent nos.4 and 5.

(2.) The present petition seeking a writ of habeas corpus has been filed on behalf of the petitioner, a minor of age about seven years.

(3.) The facts of the case as pleaded in the petition are that the father of the corpus, Mohammad Shan, died in a road accident on 16/7/2020 and thereafter, on 11/9/2022, the mother, Zubairiya Shan, solemnized a second marriage with one Mohammad Siraj. The petitioner-corpus, at the relevant point of time, was in custody of the respondent nos.4 and 5 (mother and brother of the deceased father of the corpus, respectively).