Habeas corpus writ petition filed for release of Kamlesh Sharma. Court found no infringement of life and liberty based on corpus's specific statement confirming voluntary residence with family and upcoming marriage. Petition dismissed.
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Court No. - 53
Case :- HABEAS CORPUS WRIT PETITION No. - 3218 of 2018
Petitioner :- Kamlesh Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
This habeas corpus writ petition has been filed for release of corpus Kamlesh Sharma through her next friend Swati Chaturvedi. Various allegations have been made in the petition to contend that the corpus has been illegally detained by her family members contrary to her wishes.
The petition was entertained vide order dated 22.5.2018. An amount of Rs.20,000/- is also stated to have been deposited with the Registrar General of this Court. Pursuant to the order passed by this Court, the corpus has been produced before the Court and she has been heard in court as also in chamber. Kamlesh Sharma (corpus) has specifically stated before the Court that she has not been illegally detained and that she is happily living with her father and other family members. The corpus has further informed the Court that she is likely to get married on 22.6.2018.
In view of the specific statement made before the Court, it cannot be said that life and liberty of the corpus is infringed in any manner. This habeas corpus petition, therefore, fails and is dismissed.
Before parting, it would be appropriate to observe that in case there is any threat to the corpus (petitioner no.1) or the petitioner no.2, it would be open for them to approach the Senior Superintendent of Police of the district concerned, who shall do the needful in accordance with law.
Order Date :- 13.6.2018 Ashok Kr.
2 issues framed by the court
Whether the life and liberty of the petitioner have been illegally infringed necessitating release from detention.
Whether the allegations of illegal detention are substantiated by the corpus's own statement before the court.
Kamlesh Sharma
Swati Chaturvedi
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
