Dismissed

Apeksha Tripathi(Corpus) and Another v. State of U.P. and 6 Others

Allahabad HC24 Sept 2020HABC/113/2020

Case brief

AI extract

What is this about?

The Single judge discharged the rule nisi and dismissed the Habeas Corpus petition after recording the prosecutrix's statement revealing her involuntary stay with the accused. The court ordered the immediate release of the arrested individuals and directed their safe escort to home parish.

What did the court decide?

Rule nisi discharged. Petition dismissed. Arrested persons released forthwith and escorted safely to their native place. Deposited sum refunded.

Apeksha Tripathi(Corpus) and Another… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 113 of 2020

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Petitioner :- Apeksha Tripathi(Corpus) And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Brijesh Kumar Patel Counsel for Respondent :- G.A.

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Hon'ble J.J. Munir,J.

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In compliance with the non bailable warrant issued by this Court vide order dated 21.09.2020, Pawan Tripathi s/o Late Dinesh Tripathi, Rohit Shukla and Rahul Shukla both sons of Ganga Prasad Shukla resident of village Duraon, Post Sihaval, P.S. Amiliya, District Sidhi, Madhya Pradesh have been arrested and produced before this Court by Sub Inspector, Ramesh Kumar Singh, posted at P.S. George Town, Prayagraj.

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In compliance with the rule nis i issued on 21.09.2020, the detenue Smt. Apeksha Tripathi d/o Pawan Tripathi has been produced before this Court by lady constable, Rekha Yadav posted at P.S. George Town, who has identified the detenue. This Court, accordingly, proceeds to ascertain the stand of the detenue in the matter, which is recorded verbatim :

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Q. Aapka naam?

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A. Apeksha Tripathi.

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Q. Aapke pitaji ka naam?

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A. Shri Pavan Tripathi.

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Q. Aapki aayu?

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A. 20 years.

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Q. Aap kaha se aayi hain?

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A. Sidhi zila, Madhya Pradesh se.

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Q. Kiske paas se aayi hain aap?

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A. Apne papa ke pas se.

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Q. Ye Shashi Prakash Singh Kaun hai?

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A. Mera koi rista nahi hai isse. Mujhe bahala-fuslakar le gaya tha. Aur mere sath galat kaam kiya tha.

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Q. Ye Pawan Tripathi, Rohit Shukla aur Rahul Shukla apko jabarjasti le gaye the bolero se?

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A. Nahi. Mai apni marji se gayi thi. Maine phon karke bulaya tha, jaha par mai Shashi ke sath room me rah rahi thi.

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Q. Aap kaha jana chahati hain?

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A. Mata-pita ke sath.

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Heard learned counsel for the petitioner, Sri Brijesh Kumar Patel, Sri Anand Srivastava and Sri Anil Kumar Shukla, learned counsel appearing on behalf of respondent nos. 5, 6 and 7 and learned A.G.A. appearing on behalf of the State.

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Looking to the stand of the prosecutrix, there is no good ground to make the rule nisi absolute. The stand of the detenue is clear that she did not marry Shashi Prakash Singh of her free will and never stayed with him voluntarily. She is staying with her father, Pavan Tripathi and wants to stay with him.

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In the circumstances, the rule nisi cannot be made absolute. It is discharged and this petition is dismissed.

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Pawan Tripathi s/o Late Dinesh Tripathi, Rohit Shukla and Rahul Shukla both sons of Ganga Prasad Shukla, who have been brought before this Court under arrest, are ordered to be released forthwith.

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The S.S.P., Prayagraj is ordered to ensure the safe passage of the detenue-Apeksha Tripathi, her father, Pawan Tripathi, Rohit Shukla and Rahul Shukla back to their native place Sidhi, Madhya Pradesh. It is made clear that though they shall be provided security but they shall go free.

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The High School Certificate of the detenue-Apeksha Tripathi, which has been produced by the learned counsel for the petitioner for handing it back to her has been handed back to her in the presence of Court, which she has received back.

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The sum of Rs. 15000/- deposited by the petitioner in the account of the Registrar General shall be forthwith remitted to Apeksha Tripathi in account through an instrument payable at Sidhi, Madhya Pradesh.

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Order Date :- 24.9.2020 BKM/-

Apeksha Tripathi(Corpus) and Another v. State of U.P. and 6 Others

Case brief

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Apeksha Tripathi(Corpus) and Another v. State of U.P. and 6 Others

Case brief

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