Dismissed

Shabnam Khatoon v. State of U.P. and 2OTHERS

Allahabad HC23 Sept 2020HABC/401/2020

Case brief

AI extract

What is this about?

In this habeas corpus petition, the petitioner sought the release of a detained woman. The court ascertained the detenue's stand, which revealed she was coerced into marriage and wanted to live with her parents. Finding no illegal confinement, the court discharged the rule nisi, dismissed the petition, and ordered her safe return to parents.

What did the court decide?

Rule nisi discharged, writ petition dismissed. Petitioner to be escorted safely to parents.

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

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Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 401 of 2020

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Petitioner :- Shabnam Khatoon Respondent :- State Of U.P. And 2others Counsel for Petitioner :- Mohammad Farooque Ansari Counsel for Respondent :- G.A.,Rajiv Sisodia

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Hon'ble J.J. Munir,J.

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Heard Sri Mohammad Farooque Ansari, learned counsel for the petitioner, Sri Indrajeet Singh, learned A.G.A. for the State and Sri Mohammad Naushad, learned counsel appearing on behalf of respondent no.3.

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In compliance with the rule nisi issued on 24.08.2020, the detenue, Smt. Shabnam Khatoon wife of Rakim, daughter of Mohd. Rustam has been produced before this Court by Lady Constable, Shital Chaudhary (C. No.2422, P. No.192670669), posted at Police Station Roza, District Shahjahanpur, who has identified the detenue, Smt. Shabnam Khatoon before this Court. This Court, accordingly, proceeds to ascertain her stand in the matter, verbatim:

Q.1. Aapka naam?

Ans. Shabnam Khatoon

Q.2. Aapki aayu?

Ans. 20 Saal

Q.3. Aapke pitaji ka naam?

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Ans. Mohd. Rustam

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Q.4. Aap kaha se aayi hain?

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Ans. Haridwar se

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Q.5. Waha se kiske pas se aayi hain?

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Ans. Mummi Papa ke pas se

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Q.6. Aapne shadi ki hai?

Ans. Ha

Q. 7. Kisase ki hai?

Ans. Rakim se

Q. 8. Apni marji se shadi ki hai?

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Ans. Majburi me ki hai Q. 9. Mummi papa ke pas jabardasti rehti hain?

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Ans. Nahi

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Q. 10. Kiske pas jana chahti hain?

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Ans. Mummi Papa ke pas

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Considering the stand of the detenue, Smt. Shabnam Khatoon, it is apparent that she is not in illegal confinement. She wishes to stay with her parents. Therefore, there is no good ground to make the rule nisi absolute. The rule nisi is discharged.

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The writ petition is, accordingly, dismissed.

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Smt. Shabnam Khatoon who has been brought to this Court under police escort, shall be escorted back in safety to her parents at Haridwar, but free.

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Sri Indrajeet Singh, learned A.G.A. has come up with a plea that since the State in this case has borne the costs to transport the detenue to this Court and the matter is one, where the detenue has not supported the issue of rule nisi at the instance of Rakim son of Khalil Khan, the State be compensated in cost incurred on transportation etc.

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Considering the submission made by Sri Indrajeet Singh, learned A.G.A., it is ordered that the sum of Rs.10,000/deposited by the petitioner before this Court shall be remitted to the appropriate head of Account of the State by the Registrar General, forthwith.

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Order Date :- 23.9.2020 Atul

Shabnam Khatoon v. State of U.P. and 2OTHERS

Case brief

What is this about?

What did the court decide?

Shabnam Khatoon v. State of U.P. and 2OTHERS

Case brief

What is this about?

What did the court decide?

What the court decided

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