Yogendra Kumar Srivastava, J. - (1.) Heard Sri Rajesh Maurya, learned counsel for the petitioners and Sri Ratnendu Kumar Singh, learned A.G.A. appearing for the State respondents.
(2.) The present petition for a writ of habeas corpus has been filed on behalf of two minor children of age about 11 years and 5 years respectively, by one Ramesh Chandra Kanaujiya asserting himself to be their father and natural guardian. It is sought to be contended that the two minor children, who are living with respondent no. 4 their mother, are under her illegal custody, and accordingly Ramesh Chandra Kanaujiya, being the father, has claimed their custody.
(3.) The records of the case reflect that earlier a Habeas Corpus Writ Petition No. 561 of 2020 (Meenu Devi Kanaujiya Vs. State of U.P. and 3 others) was filed by Ramesh Chandra Kanaujiya on behalf of his wife for a writ of habeas corpus by claiming that she was under an illegal detention. In the aforestated writ petition, pursuant to issuance of a rule nisi, the wife, Smt. Meenu Kanaujiya, was produced before the Court on 10.11.2020 and considering the stand taken by her, it was held that no case of illegal confinement or illegal detention had been made out and in view thereof the rule nisi stood discharged and the petition was dismissed.;