Writ petition under habeas corpus seeking production and liberty of the petitioner was dismissed as she was produced voluntarily by her father and claimed no detention against her wishes.
Petition dismissed; deposited amount of Rs.20,000/- to be handed over to the corpus.
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Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3083 of 2018
Petitioner :- Jyoti Shukla (Corpus) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhanraj Singh Yadav Counsel for Respondent :- G.A.,Shashi Bhushan Rai
Hon'ble Arvind Kumar Mishra-I,J.
Sri Vikas Tiwari, Advocate has filed memo of appearance on behalf of respondent no.4 which is taken on record.
Heard Sri Shashi Bhushan Rai (Pankaj), learned counsel for the petitioners, learned A.G.A. for the State, Sri Vikas Tiwari, learned counsel for respondent no.4 and perused the material brought on record.
The instant petition has been filed on behalf of the corpus Jyoti Shukla through her husband Ravindra Singh with the prayer to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the corpus Jyoti Shukla before this Court and set her at liberty.
Pursuant to the previous order of this Court dated 25.07.2018, the corpus Jyoti Shukla has been produced before this Court by Surendra Prasad Shukla, respondent no.4. She has been identified by her counsel Shashi Bhushan Rai (Pankaj).
On being interacted with the corpus Jyoti Shukla who has been produced by her father, respondent no.4, Surendra Prasad Shukla, she claimed that averments contained in the writ petition are absolutely false and baseless and she never entered into wedlock with petitioner no.2. She has submitted that petitioner no.2 being her teacher pressurized her and by tricks obtained her signature on blank paper and extended threat that in case she told anything to anyone, her family will be eliminated.
The corpus Jyoti Shukla was quizzed time and again as to with whom she would accompany in case she is set free from this Court then she replied that she would go with her father, respondent no.4 and she has no concern with petitioner no.2 Ravindra Singh.
In view of above categorical statement given by the corpus Jyoti Shukla, obviously it cannot be said that she has been detained by respondent no.4 against her wishes. Therefore, the averments contained in the instant petition do not carry force. The instant petition being devoid of merits is dismissed.
The amount of Rs.20,000/- deposited with the Registrar General of this Court shall be handed over to the corpus Jyoti Shukla forthwith.
Order Date :- 29.8.2018 rkg
Jyoti Shukla
State Of U.P.
Surendra Prasad Shukla
Arvind Kumar Mishra
As recorded by the court registry
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