In a habeas corpus petition seeking recovery of the petitioner, the High Court re-examined the detainee who stated she voluntarily joined her husband and was not under illegal detention, leading to the dismissal of the writ.
The habeas corpus writ prayer seeking direction to produce the corpus and set her at liberty was dismissed.
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. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 676 of 2019
Petitioner :- Khushbu Benwanshi And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Uma Shankar Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Uma Shankar, learned counsel for the petitioner and learned AGA.
The present habeas corpus writ petition has been filed with a prayer to issue writ, order or direction to respondent nos. 2 and 3 to produce the corpus- Khushbu before the Court, who has been detained illegally by respondent nos. 4 to 9 and set her at liberty.
From the order dated 16.8.2019 it appears that pursuant to direction of the Court, S.H.O. P.S. Gyanpur, Bhadohi had produced the corpus- Khushbu along with her mother Smt. Saroj before the Court and an undertaking was given by the husband that he will take good care of his wife when Smt. Saroj re-joined his company along with three children and he shall not maltreat them. Thereafter, parties were directed to appear before the Court on 24.9.2019 and personal appearance of Sub Inspector Sri Akshaywar Nath Yadav and lady constable Sangeeta Saroj was exempted.
It appears that on 24.9.2019 neither the petitioner no. 2 nor the corpus appeared before the Court and the matter was posted for 11.10.2019. However, the matter came up on 14.10.2019 and a statement was made by counsel for the petitioner that the corpus petitioner no. 1 has not been produced by respondent no. 9 and petitioner no. 2 is present before the Court, therefore, S.H.O. P.S. Gyanpur, Bhadohi was directed to produce the corpuspetitioner no. 1 before the Court on 4.11.2019.
Pursuant to order dated 14.10.2019 petitioner no. 1- corpus is present before the Court along with her father, who has been duly identified by counsel for the parties.
On being questioned, she has stated that her marriage was solemnized with respondent no. 9 by her father and it was an arranged one; she has also stated that she is not under any illegal detention or captivity of her father and has expressed her
desire to go with her husband from the Court itself.
In view of the categorical statement made by the corpusKhushbu, the present habeas corpus writ petition is dismissed.
Sub Inspector Sri Akshaywar Nath Yadav and lady constable Sangeeta Saroj are present before the Court though their attendance are not required.
Order Date :- 5.11.2019 Dhirendra/
1 issue framed by the court
Whether the petitioner was illegally detained by the respondent and required release under habeas corpus.
Khushbu Benwanshi
Unknown Petitioner 2
State of U.P.
Unknown Respondent 8 Others
Unknown Respondent 9
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
