Allowed

Abrar and Another v. State of U.P. and 6 Others

Allahabad HC2 Sept 2020HABC/353/2020

Case brief

AI extract

What is this about?

This Court held that the petitioner was illegally confined by the fifth respondent against his will. The writ petition was allowed, the rule made absolute, and the petitioner was ordered to be set at liberty forthwith. Directions were given to police officials to prevent future such conduct.

What did the court decide?

The petitioner is ordered to be set at liberty forthwith. No hindrance or harassment is permitted by the fifth respondent or police officers except as per law.

Abrar and Another Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 353 of 2020

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Petitioner :- Abrar And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sanjeev Kumar Shukla,Gaurav Kumar Chaturvedi

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Counsel for Respondent :- G.A.,Rajesh Kumar Shukla

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Hon'ble J.J. Munir,J.

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Supplementary affidavit filed today on behalf of the petitioner is taken on record.

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In compliance with the rule nisi issued on 28.08.2020, Abrar, petitioner no.1 has been produced before the Court by S.I. Ram Vishal Singh posted at Police Station Hanswar, Ambedkar Nagar, who has identified Abrar son of Mohd. Naeem before this Court.

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Going by the stand taken by the second petitioner who is Abrar's father, this Court proceeds to ascertain the stand of Abrar (the detenue), which is recorded verbatim:

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"Q.1. Aapka naam kya hai?

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Ans. Mohd. Abrar Ahmad Ansari

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Q.2. Appke pitaji ka naam kya hai?

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Ans. Mohd. Naeem Ansari

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Q.3. Aapki aayu kya hai?

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Ans. 34 saal

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Q.4. Pooja Singh kaun hain?

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Ans. Pooja Singh hamare yaha relation me aati jati thi, parivarik sambandh ban chuka tha

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Q.5. Pooja Singh ke sath apni marji se rah rahe hain?

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Ans. Nahi, thane se le gaye the

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Q.6. Kaun le gaya tha?

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Ans. Pooja le gayi thi

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Q.7. Aap kaha rahna chahte hain?

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Ans. Apne parivar ke sath

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Q.8. Parivar se kya matlab hai?

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Ans. Apne Ma Baap ke sath

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Looking to the aforesaid statement of the first petitioner, it is evident that he has been illegally confined by the fifth respondent against his will and he wants to go and stay with his father and family. He cannot be compelled to stay with her by the fifth respondent, by forced confinement.

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Accordingly, this rule is made absolute and the first petitioner is ordered to be set at liberty forthwith and he is free to go anywhere he wants. There shall be no hindrance or harassment in the enjoyment of his liberty by the fifth respondent or any officer of the police, except in accordance with law.

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The writ petition stands allowed in terms of the aforesaid order.

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Let copy of this order be sent to the Senior Superintendent of Police, Azamgarh and Senior Superintendent of Police, Ambedkar Nagar with a direction that they must ensure in future that their subordinates do not indulge in any kind of adventurism.

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Order Date :- 2.9.2020 Atul

Abrar and Another v. State of U.P. and 6 Others

Case brief

What is this about?

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Abrar and Another v. State of U.P. and 6 Others

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