The single-judge bench dismissed the Habeas Corpus petition as the corpus voluntarily stated she was living with her parents and was not illegally detained. The court also quashed the imposed fine on a petitioner.
The Habeas Corpus petition was dismissed; costs imposed on petitioner no.2 were quashed.
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Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 270 of 2020
Petitioner :- Smt. Bina And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hear Sri Sanjeev Kumar Pandey, learned counsel for the petitioners and Sri Sunil Kumar Yadav, learned counsel for respondent nos. 4 and 5.
In compliance of this Court's order dated 22.09.2020, the corpus/petitioner no.1 Bina daughter of Ravindra Pal has been produced before this Court by respondent nos. 4 and 5, who are father and brother of the corpus respectively, and all of them have been identified by counsel Sri Sunil Kumar Yadav.
The corpus has stated before this Court, on a query being made through the learned Ms. Archana Singh, that she wants to go with her father/respondent no.4.
As the victim has made a statement that she is living with her parents voluntarily, hence, it cannot be said that she is illegally detained by respondent nos. 4 and 5, the present Habeas Corpus Petition is dismissed on this ground alone.
Thus, the present Habeas Corpus petition fails and is dismissed accordingly.
The Court imposed a cost of Rs. 20,000/- on petitioner no.2 Yatendra Kumar for filing the present Habeas Corpus petition for production of the corpus and her father and coming to this Court in such a frivolous petition filed by petitioner no.2 but on a repeated prayer made by Sri Sanjeev Pandey, learned counsel for the petitioner to waive off the cost imposed as the petitioner no.2 is a poor boy and submitted an oral unconditional apology on his behalf, the cost imposed on petitioner no.2 is hereby quashed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.10.2020 Madhurima
Digitally signed by Justice Ramesh Sinha Date: 2020.10.15 13:42:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioners established illegal detention of the child corpus.
Whether the petition entitled to cost for filing a frivolous appeal.
Smt. Bina And Another
State Of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
