Allahabad High Court
HABC/209/2025 of MASTER SURYA BHAN SINGH THRU. NATURAL GUARD. MOTHER SMT. ANURADHA SINGH @CHANCHAL SINGH AND ANR. Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS on 5 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 209 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Supplementary counter affidavit filed in the Court today is taken on record. 2. Heard learned counsel for the petitioners, the learned AGA for the State of U.P. as well as
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
HABEAS CORPUS WRIT PETITION No. - 209 of 2025
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
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1. Supplementary counter affidavit filed in the Court today is taken on record.
2. Heard learned counsel for the petitioners, the learned AGA for the State of U.P. as well as Sri Rahul Kumar Singh, the learned counsel for the opposite party No. 4.
3. The instant petition seeking custody of minors namely Surya Bhan Singh and Surya Pratap Singh has been filed by Smt. Anuradha Singh @ Chanchal Singh (mother of minors), R/o 441/202/151RN, New Rastogi Nagar, Balaganj, District- Lucknow.
4. The minors appears to be twins, who are living with their grand father namely Virendra Nath Singh S/o- Late Shri Ram Singh, R/o 3/195, Sector-D, Joggers Park, Police Station- Dubagga, District- Lucknow (opposite party No. 4 herein), who is represented by Sri Rahul Kumar Singh, Advocate.
5. It appears from the record that the interest of the petitioner/Smt. Anuradha Singh @ Chanchal Singh (mother of minors) has been protected by the Division Bench of this Court vide order dated 26.05.2025 passed in Criminal Misc. Writ Petition No. 4245 of 2025 (Anuradha Singh @ Chanchal Singh and others vs. State of U.P. and others), whereby this Court has stayed the arrest of the petitioners in connection with the FIR/Case Crime No. 0152 of 2025, under Section- 108 of B.N.S., 2023, akin to Section 306 IPC (now repealed), registered at Police Station- Dubagga, District- Lucknow. Versus Counsel for Petitioner(s) : Atul Kumar Mishra, Ashish Kumar Singh, Awnish Kumar, Chandra Shekhar Pandey, Nishendra Kumar Pandey, Pal Singh Yadav, Pradeep Kumar Shukla Counsel for Respondent(s) : G.A., Rahul Kumar Singh Master Surya Bhan Singh Thru. Natural Guard. Mother Smt. Anuradha Singh @Chanchal Singh And Anr. .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)
6. Considered the aforesaid and also the law on the subject including the observations made by this Court in the judgment passed in the case of Reshu and others vs. State of U.P. and others; 2021 SCC OnLine All 1065.
7. Upon due consideration of the aforesaid and also that the criminal proceedings are pending against the petitioner/Smt. Anuradha Singh @ Chanchal Singh (mother of minors), this Court is not inclined to acceded the main relief(s) sought in this petition.
8. The instant petition is accordingly dismissed. The visitation rights are however being provided to the petitioner/Smt. Anuradha Singh @ Chanchal Singh (mother of minors). Accordingly, the petitioner/Smt. Anuradha Singh @ Chanchal Singh (mother of minors) is permitted to meet the minors on each Sunday between 10.00 A.M. to 4.00 P.M. She can also accompany the minors. It is however with the condition that she would return the minors at or prior to 5.00 P.M. in the evening. December 5, 2025 Arun/- HABC No. 209 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench