This court disposed of a habeas corpus petition after the State produced the kidnapped girl. As the corpus expressed willingness to live with her father, the court held no cause of action survived.
Habeas corpus writ petition disposed of; any interim order vacated.
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Court No. - 88
Case :- HABEAS CORPUS WRIT PETITION No. - 245 of 2021
Petitioner :- Santosh And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ram Awadh Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Affidavit of compliance has been filed by learned A.G.A. which is taken on record.
Heard Sri Ram Awadh Kushwaha, learned counsel for petitioners, Sri Vinod Kant, learned Additional Advocate General assisted by Sri S.H. Tiwari, learned A.G.A. for the State and perused the record.
In compliance of this Court's order dated 26.7.2021 corpus Km. Karishma has been produced by S.I. Sri Santosh Kumar along with lady Constable Ms. Saroj Gupta, P.S. Koraon, District Prayagraj.
On being asked, the corpus had stated that she is willing to live with her father, who is petitioner no.1.
Since, the corpus has been recovered and produced and is willing to live with her father i.e. petitioner no.1, no cause of action survives.
Habeas corpus writ petition is disposed of accordingly.
Interim order, if any, stands vacated.
Order Date :- 11.8.2021 Kpy
1 issue framed by the court
Whether the habeas corpus writ petition survives after the petitioner's willing daughter is produced by the State and expressed desire to live with her father.
Santosh And Another
State Of U P
4 Others
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
