Allowed

Shatrughan Mani Sharma and Another v. State of U.P. and 7 Others

Allahabad HC21 Sept 2021HABC/583/2021

Case brief

AI extract

What is this about?

Corpus, a minor girl, was brought before the Court and stated in open court as desirous of going to her parental home with no perceived threat. The Court made the rule nisi absolute, directed her release escorted by police, and ordered adequate safety measures at her home.

What did the court decide?

Rule nisi made absolute; corpus released to petitioner no. 1 with police escort; direction to SSP to ensure safety of corpus at parental home.

Shatrughan Mani Sharma and Another Vs State of… — Writ and Judicial Review | Allahabad HC (2021)

¶1

Court No. - 84

¶2

Case :- HABEAS CORPUS WRIT PETITION No. - 583 of 2021

¶3

Petitioner :- Shatrughan Mani Sharma And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Nagesh Dwivedi,Ashwini Kumar Counsel for Respondent :- G.A.

¶4

Hon'ble Dr. Yogendra Kumar Srivastava,J.

¶5

Heard Sri Nagesh Dwivedi, learned counsel for the petitioners, Sri Vinod Kant, learned Additional Advocate General appearing along with Sri Jhamman Ram and Ms. Sushma Soni, learned A.G.A. for the State respondents and Sri Nagendra Kumar Mishra, learned counsel, who states that he has filed his vakalatnama on behalf of one of the respondents.

¶6

Pursuant to the rule nisi issued earlier, the petitioner no. 2, corpus, has been brought before this Court by Sri Durgesh Singh, Sub-Inspector, Ms. Shikha Singh and Ekta Goswami, Lady Constable, Police Station Nawabganj, District Prayagraj, who have identified the petitioner no. 2, corpus.

¶7

The petitioner no. 1, father of the corpus along with the mother of the corpus, are also stated to be present in Court, and have been identified by the counsel for the petitioners.

¶8

Ms. Sushma Soni, learned A.G.A., has interacted with the petitioner no. 2, corpus, in Court and on the basis of the same, submits that she has stated that as per the High School Certificate, her date of birth is 15.01.2004 and that she is desirous of pursuing her education further. On a pointed query, she has expressed her desire to go back to her parental home along with the petitioner no. 1, her father, and also her mother, who are present in Court. The petitioner no. 2, corpus, has clearly stated that she does not perceive any threat to her life and liberty at her parental home.

¶9

Having regard to the aforesaid, the rule nisi issued earlier is made absolute.

¶10

The petitioner no. 2 would be at liberty to go back along with the petitioner no. 1, her father, to her parental home. She would be escorted by the police in safety, but free.

¶11

The Senior Superintendent of Police, District Prayagraj, respondent no. 2, is directed to ensure adequate safety of the

¶12

petitioner no. 2, corpus, at her parental home.

¶13

The petition stands allowed to the extent indicated above.

¶14

Let this order be communicated to the Senior Superintendent of Police, Prayagraj by the Joint Registrar (Compliance), forthwith.

¶15

A copy of this order be also furnished to Sri Vinod Kant, learned Additional Advocate General by the office, forthwith.

¶16

Order Date :- 21.9.2021 Pratima

¶17

(Dr.Y.K.Srivastava,J.)

Shatrughan Mani Sharma and Another v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Shatrughan Mani Sharma and Another v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Case details

Similar cases

Navihusen and 2 Others Vs State of U.P. and Another

Ram Bahal Vs State of U.P. and Another

Surendra Kumar Mishra Vs State of Up and 3 Others

Rajaram and 3 Others Vs State of U.P. and Another

Ved Prakash Mishra and 2 Others Vs State of U.P. and Another

Srikant Vs State of U.P.