The High Court dismissed a Habeas Corpus petition alleging illegal detention of a minor girl. After hearing the daughter, who wished to accompany the respondent, the court found the allegations unsustainable and dismissed the writ petition with cost.
The Habeas Corpus Writ Petition was dismissed and costs were awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3683 of 2018
Petitioner :- Smt. Neha Verma And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Satyendra Narayan Singh,Satya Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the respondent has filed counter affidavit, the same is taken on record.
Heard learned counsel for the petitioners as well as learned counsel for the respondents and learned AGA for the State.
While order was being dictated petitioner no.2 Smt. Laxmi Rani wish that she may be heard on her part.
Permission is granted.
She (petitioner no.2 Smt. Laxmi Rani) has specifically described certain factual position of her family, which has got no concern with the merit of the present case, therefore, no cognizance of the same can be taken and no observation can be made. However, her concern was about welfare of her daughter/corpus- Neha Verma- and timely conversation with her as non- communication creates mental tension to her.
While interacting with the corpus- Neha Verma has expressed her desire that she would like to accompany with respondent no.3 Amit Verma. Although, she has denied the claim of the petitioner no.2 that she was kept in illegal detention against her will by respondent no.3.
In view of the interaction with the corpusNeha Verma and her desire to accompany respondent no.3 Amit Verma, it is obvious that the allegations cannot be sustained in its present form and the Habeas Corpus Writ Petition being devoid of force and is liable to be dismissed.
At this juncture, learned counsel for respondent no.3 insisted that the respondent no.3 and the corpus petitioner no.1 Neha Verma have been put to great annoyance and trouble by means of this Habeas Corpus Writ Petition, therefore, they be awarded cost.
Consequently, this Habeas Corpus Writ Petition being devoid of merit is hereby dismissed with cost.
Order Date :- 25.10.2018 Raj
1 issue framed by the court
Whether the Habeas Corpus Writ Petition alleging illegal detention has merit after hearing the child (corpus).
Smt. Neha Verma
Smt. Laxmi Rani
State Of U.P.
Amit Verma
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
