Dismissed

Mohd Hajrat Shekh @ Hajrat Ali and Another v. State of U.P. and 5 Others

Allahabad HC10 Sept 2020HABC/364/2020

Case brief

AI extract

What is this about?

This was a Habeas Corpus petition challenging unlawful detention. The detainee appeared before the court and stated she wished to reside with her parents rather than her spouse. The court held no case for illegal detention was made out, discharged the rule nisi, and dismissed the petition.

What did the court decide?

Rule nisi discharged; petition dismissed; detenue released to parents with police escort.

Mohd Hajrat Shekh @ Hajrat Ali and Another Vs State of… — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 66

¶2

Case :- HABEAS CORPUS WRIT PETITION No. - 364 of 2020

¶3

Petitioner :- Mohd Hajrat Shekh @ Hajrat Ali And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kanchan Ranjan Counsel for Respondent :- G.A.

¶4

Hon'ble J.J. Munir,J.

¶5

Sri Aadesh Kumar Srivastava, Advocate has put in appearance on behalf of petitioner no. 2. It is taken on record.

¶6

Heard Ms. Kanchan Ranjan and Sri Aadesh Kumar Srivastava, learned counsel appearing on behalf of the petitioners and learned A.G.A. on behalf of the State- respondents.

¶7

A perusal of the report of the learned Chief Judicial Magistrate, Allahabad shows that notice upon respondent nos. 4,5 and 6 has been personally served. However, no one has put in appearance on their behalf.

¶8

In compliance with the rule nisi issued on 03.09.2020, the detenue-petitioner no. 2, Jubaida Khatoon @ Jubaida Bibi has been produced before this Court by Lady Constable, Archana Srivastava (P.N.O.162303751) posted at P.S. Kareilly, District Prayagraj, who has identified the detenue before this Court. The Court, accordingly, proceeds to ascertain the detenue's stand in the matter, which is recorded verbatim :

¶9

Q. Aapka naam?

¶10

A. Jubaida Bibi.

¶11

Q. Aapke pitaji ka naam?

¶12

A. Jiddi Shekh

¶13

Q. Koi aur naam hai unka?

A. Nahi.

Q. Aapki aayu?

A. 19 saal.

Q. Kaise maloom, aap High School paas hain?

¶18

A. Nahi.

¶19

Q. Aapne shadee kee hai?

¶20

A. Ji (she nodded her head in affirmation)

¶21

Q. Kisse kee hai?

¶22

A. Hajrat Shekh se.

¶23

Q. Aap kaha rahna chahati hain?

¶24

A. Ammi ke paas.

¶25

Q. Mohd. Hajrat Shekh ke paas nahi rahna chahati?

¶26

A. Nahi.

¶27

Considering the stand that the detenue has taken before this Court, there is no case of unlawful or illegal detention made out. The rule nisi dated 03.09.2020 is discharged and this petition stands dismissed . The detenue shall be escorted back to the safety of her parents home with the police escort who have produced her before the Court.

¶28

Order Date :- 10.9.2020 BKM/-

Mohd Hajrat Shekh @ Hajrat Ali and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Mohd Hajrat Shekh @ Hajrat Ali and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Aparna Tripathi Now Aparna Jain (Corpus) Vs State of U.P. and 3 Others

Km. Anjana Gautam and Another Vs State of U.P. and 4 Others

Deeksha Singh (Corpus) Vs State of U.P. and 2 Others

Harpal Singh and 2 Others Vs State of U.P. and 5 Others

Smt. Amreen and Another Vs State of U.P. and 3 Others

Kajal (Minor) and Another Vs State of U.P. and 3 Others