Writ petition filed by a detenue married to her co-cited petitioner, who was also a petitioner. The court made the rule nisi absolute and released the detenue to go with her husband under police escort.
Rule nisi made absolute; petitioner no. 1 released to go with her husband under police escort.
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Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 679 of 2020
Petitioner :- Smt. Astana And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Murti Tripathi Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri V.K. Misra holding brief of Sri Vishnu Murti Tripathi, learned counsel for the petitioners and Sri Sanjay Sharma, learned Additional Government Advocate appearing for the State-respondents.
Pursuant to the rule nisi issued earlier by this Court, the petitioner no.1 (detenue) has been brought before the Court by Sri Ashok Kumar Singh, S.I. at P.S. Sirauli, Bareilly and Ms. Poonam Sharma, Lady Constable at P.S. Sirauli, Bareilly who have identified the detenue.
The learned Additional Government Advocate upon inquiring from the detenue who is present in Court, submits that she has stated that she has entered into marriage with Mohd. Hasnain (petitioner no.2) and that she is presently in narikniketan . She has further stated that she is 19 years of age and that she wishes to go alongwith her husband. She has also stated that she has married Mohd. Hasnain and desires to live with him without there being any threat or coercion.
The rule nisi issued earlier is accordingly made absolute.
Smt. Astana, petitioner no.1 (detenue) is free to go alongwith the petitioner no.2, her husband-Mohd. Hasnain, where she will be escorted in safety, but free, by the police.
The petition stands disposed of.
Order Date :- 6.1.2021 Shahroz
(Dr. Y.K. Srivastava,J.)
1 issue framed by the court
Whether the petitioner detenue should be released to join her husband.
Smt. Astana And Another
State Of U.P. And 2 Others
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
