Dismissed

Smt. Dev Kumari and Another v. State of U.P. and 5 Others

Allahabad HC22 Sept 2020HABC/311/2020

Case brief

AI extract

What is this about?

The Court examined the stand of detenue Phool Singh regarding his confinement. Finding he lived with multiple respondents by free will without restraint, the Court discharged the rule nisi and dismissed the habeas corpus petition failing to prove illegal confinement.

What did the court decide?

Rule nisi discharged; writ petition dismissed; detenue to be escorted back freely.

Smt. Dev Kumari and Another Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 311 of 2020

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Petitioner :- Smt. Dev Kumari And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Raja Ram Kushwaha Counsel for Respondent :- G.A.

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Hon'ble J.J. Munir,J.

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In compliance with the rule nisi issued on 08.07.2020, as modified on 28.08.2020 and 16.09.2020, the detenue-petitioner, Phool Singh, has been produced before this Court by SubInspector Sanjay Singh, posted at Police Station - Thana Kadaura, District - Jalaun, who has identified Phool Singh before this Court. This Court, accordingly, proceeds to ascertain detenue Phool Singh's stand about the case of illegal confinement, which is recorded verbatim :-

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Q. Aapka naam?

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A. Phool Singh.

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Q. Aapke pitaji ka naam?

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A. Maiku.

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Q. Dev Kumari kaun hain?

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A. Maa hain.

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Q. Aap kahan se aaye hain?

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A. Kadaura.

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Q. Ye Lalit Kumar, Sheenu aur Suneel kaun hain? A. Suneel mere bhanje hain.

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Q. Aap kiske paas se aaye hain?

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A. Sheenu Sachan ke paas se.

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Q. Sheenu Sachan aapke kaun hain?

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A. Mai unke saath 20 saal se rehta hu.

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Q. Aap kya karte hain? A. Mai kisani karta hu.

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Q. Aapki umar kitni hai?

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A. 55 saal.

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Q. Kya aap Lalit Kumar, Sheenu aur Suneel ke saath apni marzi se reh rahe hain?

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A. Haa.

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Q. Apne mataji ke paas jana chahte hain?

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A. Nahi.

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Q. Kisi ne aapke saath koi zabardasti toh nahi ki hai? A. Nahi.

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Heard Sri Raja Ram Kushwaha, learned counsel for the petitioner and learned A.G.A. on behalf of the State. No one has put in appearance on behalf of respondent nos. 4, 5 and 6, though respondent no. 5 is said to be present in Court today.

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After hearing learned counsel for the parties and perusing the stand of the detenue-petitioner, Phool Singh, who is a very mature man of 55 years, it is apparent that he is staying with respondent nos. 4, 5 and 6 of his free will and without any restraint. He is not in any illegal confinement.

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In this view of the matter, the rule nisi cannot be made absolute. The rule, therefore, is discharged.

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This writ petition, accordingly, fails and is dismissed .

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The detenue-petitioner, Phool Singh, will be escorted back to the place from where he has been brought, but free.

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Order Date :- 22.9.2020 I. Batabyal

Smt. Dev Kumari and Another v. State of U.P. and 5 Others

Case brief

What is this about?

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Smt. Dev Kumari and Another v. State of U.P. and 5 Others

Case brief

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