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Breaking: Writ Of Habeas Corpus Not Maintainable Against Judicial Order Of Magistrate /CWC Sending Minor Victim To Children Protection Homes:Allahabad High Court (FB)

A Full Bench of Allahabad High Court held that an order passed by a Judicial Magistrate or Child Welfare Committee sending victim to women protection homes/child care homes cannot be challenged or set aside in a writ of habeas corpus. Subsequently, the Bench also observed that the detention of a corpus in such child care homes cannot be treated as an illegal detention.
Full Bench comprising of Justice Siddhartha Varma, Justice Mahesh Chandra Tripathi and Justice Sanjay Yadav was dealing with the reference in a habeas corpus petition seeking directions on Superintendent of Children Home (Girl) to release the minor girl namely Anchal, aged 17 years, who was allegedly illegally detained in the Children Home.

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