Allowed

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

Allahabad HC10 Sept 2020HABC/368/2020

Case brief

AI extract

What is this about?

This High Court disposed of a habeas corpus petition concerning the release of a detained woman aged 18-19 years. Upon production and verification of identity, the Court allowed the petition and ordered her immediate release to accompany her husband.

What did the court decide?

Petitioner ordered to be set at liberty forthwith and free to go wherever she wants, specifically permitted to accompany her husband Arshad.

Smt. Amreen and Another Vs State of U.P… — Child Custody and Guardianship | Allahabad HC (2020)

¶1

Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 368 of 2020

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Petitioner :- Smt. Amreen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mashaluddin Shah Counsel for Respondent :- G.A.

¶4

Hon'ble J.J. Munir,J.

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Sri Yogesh Srivastava, Advocate has put in appearance on behalf of respondent no. 4. It is taken on record.

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Heard Sri M.D. Shah, learned counsel for the petitioner, Sri Yogesh Srivastava, leaned counsel appearing on behalf of respondent no. 4 and learned A.G.A. appearing on behalf of the State.

¶7

In compliance with the rule nisi issued on 3.09.2020, the detenue, Amreen d/o Bablu has been produced before this Court by Lady Constable, Rupesh (L/C-566) posted at P.S. Ramgarh, District Firozabad, who has identified Amreen before this Court. Accordingly, this Court proceeds to ascertain the stand of Amreen in the matter, which is recorded verbatim:

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Q. Aapka naam?

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A. Amreen.

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Q. Aapke pitaji ka naam?

A. Bablu.

Q. Aapki aayu?

A. 18 saal.

Q. Aap padhi-likhi hain?

¶15

A. Nahi.

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Q. Aapne shadee kee hai?

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A. Ha (she nodded her head in affirmation)

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Q. Kisse kee hai?

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A. Arshad se.

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Q. Arshad ke pitaji ka kya naam hai?

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A. Nahi pata.

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Q. Aap kiske sath jana chahati hain?

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A. Pati ke sath.

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Q. Pitaji ke sath jana chahati hai?

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A. Nahi (she nodded her head in refusal)

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In the writ petition, it is averred that the detenue is aged 19 years but she has claimed to be 18. It is common ground between parties that the detenue has no school records as she has never been to school. There are no other statutory certifications about her age and the age is also not disputed by respondent no. 4.

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Considering the aforesaid stand of the detenue-petitioner no. 1, Amreen the rule nisi issued on 03.09.2020, is hereby made absolute . The writ petition is allowed . The first petitioner is ordered to set at liberty forthwith and she is free to go wherever she wants and with whomsoever she wants. Since she has indicated her desire to accompany her husband, Arshad, who is present in Court, she is free to do so.

¶28

Order Date :- 10.9.2020 BKM/-

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

Case brief

What is this about?

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

Case brief

What is this about?

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What the court decided

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