In this habeas corpus petition, the court reviewed a report from the Chief Judicial Magistrate, Jaunpur stating the detainee was not illegally detained by her father. Finding the petition lacked merit, the court dismissed it.
The Habeas Corpus petition was dismissed on the merits based on the C.J.M.'s report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- HABEAS CORPUS WRIT PETITION No. - 403 of 2021
Petitioner :- Mohd Imran And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners through video conferencing and the learned A.G.A. is present in the Court.
Learned counsel for the petitioners submitted that on 30.06.2021 the detenue was ordered to be produced before the learned Chief Judicial Magistrate, Jaunpur and the learned Chief Judicial Magistrate, Jaunpur was asked to submit a report, mentioning therein whether Smt. Rukshana Begum, petitioner no.2 is staying with her father, Mohd. Mukeem, respondent no.4 or she is illegally detained there under any kind of coercion, threat or other pressure. It was also directed that learned Chief Judicial Magistrate, Jaunpur shall forward its report to this Court without fail on or before 08.07.2021.
The report of learned Chief Judicial Magistrate, Jaunpur has been received. In its report, learned Chief Judicial Magistrate, Jaunpur has specifically stated that he has recorded the statement of the detenue Smt. Rukshana Begum, who has specifically stated that she has been thrown out from the house of her in-laws and her father is looking after her. She further stated that she has not been illegally detained by her father.
Considering the report of the learned Chief Judicial Magistrate, Jaunpur, the Court is of the view that the present petition was filed with wrong assertions, petition has no merit and is liable to be rejectged.
Accordingly, the present Habeas Corpus petition is dismissed.
Order Date :- 8.7.2021 R./
Digitally signed by Justice Ajit Singh Date: 2021.07.13 17:41:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the report from the Chief Judicial Magistrate regarding the detainee's freedom from illegal coercion negates the claims in the habeas corpus petition.
Mohd Imran
Smt. Rukshana Begum
State Of U.P.
Mohd. Mukeem
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
