The single-judge court dismissed a habeas corpus petition as devoid of merits after the corpus, Smt. Sakshi Pal, declared she would accompany her father, not the petitioner, upon release.
Wi[HQS] 返还了与高等法院注册处存入的20,000卢比给被拘留人Smt. Sakshi Pal.
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Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3199 of 2018
Petitioner :- Pradeep Kumar Pal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Kumar Rai Counsel for Respondent :- G.A.,Manoj Kumar Dhuriya
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the parties and perused the material brought on record.
The instant petition has been filed on behalf of Sri Pradeep Kumar Pal with the prayer to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the corpus Smt. Sakshi Pal before this Court and set her at liberty.
Pursuant to the previous order of this Court dated 06.08.2018, the corpus Smt. Sakshi Pal has been produced before this Court by Brij Lal Pal, respondent no.4. She has been identified by her counsel.
On being interacted with the corpus Smt. Sakshi Pal who has been produced by her father, respondent no.4, Brij Lal Pal, she claimed that averments contained in the writ petition are absolutely false and baseless.
The corpus- Smt. Sakshi Pal 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.1 Sri Pradeep Kumar Pal.
In view of above categorical statement given by the corpus Smt. Sakshi Pal, 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 Smt. Sakshi Pal forthwith.
Order Date :- 30.8.2018 Raj
1 issue framed by the court
Whether the averments in the habeas corpus petition establish unlawful detention of the corpus despite her claim to go with her father.
Pradeep Kumar Pal
State Of U.P.
Smt. Sakshi Pal
Brij Lal Pal
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
