Ram Avtar Through Pairokar v. Pushpa & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1295/2018 RAM AVTAR THROUGH: PAIROKAR ..... Petitioner Through:

Mr. Sachin Sharma, Advocate versus PUSHPA & ORS ..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel (Crl.) for State with Sub-Inspector Vishal tiwari, Police Station Ambedkar Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 27.04.2018 Crl. M.A. Nos. 7951-52/2018 (Exemption) Exemption allowed subject to just exceptions. Applications stand disposed of accordingly.

W.P. (Crl.) No. 1295/2018 and Crl. M.A. No. 7953/2018. The petitioner has preferred the present writ petition to seek writ of habeas corpus for his release from detention ordered on 15th January 2018. He states that he be set at liberty. The petitioner is in judicial custody in terms of orders passed by the Principal Judge, Family Court (South), Saket, New Delhi on 15th January 2018. His judicial custody has been continued

thereafter. Learned counsel for the petitioner submits that the judicial custody was future continued on 12th March 2018. It is well settled that writ of habeas corpus would not be maintainable to assail the detention in terms of a judicial order. The submission of the petitioner that his judicial custody is illegal can be examined through appropriate proceedings to assail the order dated 15.01.2018, 13.02.2018 and the subsequent orders. Accordingly, this petition is dismissed with liberty to the petitioner to avail remedy as available to him.

Dasti.

VIPIN SANGHI, J P.S.TEJI, J APRIL 27, 2018 PB