Habeas corpus petition challenging illegal detention dismissed as petitioner no. 2 stated she lives with parents voluntarily and desires to stay with her father, making the detention claim unsustainable.
Petition dismissed; amount directed earlier diverted to petitioner no. 2 Santoshi.
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Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3200 of 2018
Petitioner :- Kuldeep Singh Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Counter affidavit alongwith Vakalatnama filed today on behalf of respondent no. 4 is taken on record.
Pursuant to order dated 16.5.2018 passed by this Court, petitioner no. 1 Kuldeep Singh Yadav and petitioner no. 2 Santoshi are present in this Court and they have been duly identified by their counsel Sri S.K. Sharma. Respondent no. 4 Abhilakh Singh-father of petitioner no. 2, is also present in this Court who has been duly identified by his counsel Sri J.N. Yadav.
On query being made by this Court, petitioner no. 2 Santoshi has stated that she is living with her parents at her home of her own free will. She is not under pressure and she has no concern with petitioner no. 1 Kuldeep Singh Yadav. She expressed her desire to go with her father Abhilakh Singh who has accompanied her to this Court and is present in this Court. Petitioner no. 1 Kuldeep Singh also expressed his desire that in view of the statement made by petitioner no. 2 Santoshi, he would have no concern with the petitioner no. 2 Santoshi.
In view of the above, obviously the claim made in this habeas corpus writ petition regarding illegal detention of petitioner no. 2 Santoshi is not sustained. Consequently, this petition lacks merit and is dismissed, accordingly.
The amount directed earlier by this Court to be deposited by petitioner no. 1 in favour of petitioner no. 2 pursuant to the order dated 16.5.2018 passed by this Court shall be paid to the petitioner no. 2 Santoshi.
Order Date :- 2.7.2018 Rmk.
1 issue framed by the court
Whether the claim of illegal detention of petitioner no. 2 Santoshi is sustained after she expresses desire to go with her father.
Santoshi
State Of U.P.
Abhilakh Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
