In this habeas corpus petition, the petitioner produced before the Court was discharged, and the petition was dismissed as there were no grounds to make the rule absolute.
The rule nisi was not made absolute; the petitioner was discharged and free to go.
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Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 449 of 2020
Petitioner :- Rajrani @ Nazrain Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Narayan Pandey Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Learned counsel for the petitioner is permitted to implead Kutub Alam s/o Late Naseeb Ali as party respondent to the writ petition during the course of day.
Heard Sri Om Narayan Pandey, learned counsel for the petitioner, Mr. Sanjay Srivastava, learned counsel appearing on behalf of newly added respondent nos. 6 and 7 and learned A.G.A. appearing on behalf of the respondent nos. 1, 2 and 3. No one has put in appearance on behalf of respondent nos. 4, 5 and 6. However, considering the fact that the detenue has been summoned and is before the Court, this Court proceeds to hear the rule nisi issued on 08.09.2020. In case, any of the private respondent nos. 4, 5 and 6 are aggrieved by this order, it shall be open to them to make an application in the decided matter:
In compliance with the rule nisi, Smt. Rajrani @ Nazrain has been produced before this Court by Sub Inspector, Ram Shankar Chaudhari, posted at P.S. Purandarpur, District Maharajganj. The Sub Inspector aforesaid has identified the detenue before this Court. The Court proceeds to ascertain the detenue's stand which is recorded verbatim :
Q. Aapka naam?
A. Nazrain.
Q. Kisse Hui hai?
A. Kutub Alam se.
In view of what has been stated by the detenue, there is no ground to make the rule absolute. It is discharged, accordingly. The petition is dismissed . The detenue is free to go back to the place wherefrom she has been brought in security of the police but free.
Order Date :- 21.9.2020 BKM/-
1 issue framed by the court
Whether there is any ground to make the rule in the habeas corpus writ petition absolute.
Rajrani @ Nazrain
State Of U.P.
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
