Dismissed

Sandeep Kumar (Corpus) and another v. State of U.P. through its Secretary (Home) at Lkw 5 Others

Allahabad HC6 May 2022HABC/105/2022

Case brief

AI extract

What is this about?

This court dismissed a habeas corpus petition filed by a minor through her grandfather regarding her missing father. The petition alleged illegal detention due to an alleged forged sale deed executed by the missing father. The court held the writ petition was not maintainable as it involved disputed questions of fact better suited for a civil suit, while directing police to investigate potential f

What did the court decide?

The writ petition was dismissed as not maintainable. Leave was granted to file an FIR for forgery investigation if desired.

Sandeep Kumar (Corpus) and another Vs… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 87

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Case :- HABEAS CORPUS WRIT PETITION No. - 105 of 2022 Petitioner :- Sandeep Kumar (Corpus) And Another Respondent :- State Of U.P. Through Its Secretary (Home) At Lkw 5 Others

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Counsel for Petitioner :- Hari Shanker Singh Counsel for Respondent :- C.S.C.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the parties and perused the material on record.

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By means of this habeas corpus writ petition filed by minor through her grand father, petitioner no. 2 for a direction upon the respondents no. 2 & 3 to trace out the corpus petitioner no. 1, namely, Sandeep Kumar from the custody of respondent no. 4 to 6 and produce him before this Court on a particular date and release him from the illegal custody of the respondent nos. 4 to 6.

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Corpus is said to be missing since 2014 and a gumsudgi report was lodged at Police Station Kalyan (East), Kolsewadi, Maharashtra about his missing and petitioner no. 2 is alleged to be sole daughter of corpus, petitioner no. 1 and is depending upon the income of the agricultural land of the corpus.

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On 5.3.2022, this court had passed the following order:-

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"Heard learned counsel for the petitioners and the learned A.G.A.

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It is submitted that petitioner no. 1, who is the father of petitioner no. 2, is missing since 2014. In a very astonishing circumstances, it came to the knowledge of petitioner no. 2 and her other family members that a sale deed dated 07.12.2021 has been executed in favour of respondent no. 4 (Pradeep Kumar Pandey) by the petitioner no. 1-Sandeep Kumar (missing). It is further submitted that respondents no. 5 and 6 are marginal witnesses of the alleged sale deed.

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Learned Standing Counsel, on the basis of instructions received from the Sub Inspector, P.S. Sujanganj, District Jaunpur, states that the corpus, for whom the present habeas corpus petition has been filed, is presently living at a Dhaba of one Ajay Kumar Yadav at Malhanpur, P.S. Karail, District Mainpuri.

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Let notice be issued to respondents no. 2 and 3 to produce the corpus namely Sandeep Kumar (petitioner no. 1) before this Court on 06.05.2022 who is living in the district Mainpuri as informed by learned Standing Counsel.

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Notice shall also be issued to respondents no. 4 to 6 to authenticate the existence of corpus-Sandeep Kumar (petitioner no. 1) who has allegedly executed sale deed dated 07.12.2021 in favour of respondent no. 4.

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List this matter on 06.05.2022."

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Today, the corpus, petitioner no. 1, namely, Sandeep Kumar and respondent no. 4 are present before the Court.

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Corpus, petitioner no. 1, namely, Sandeep Kumar son of Rajendra Prasad Upadhyay stated before the Court that he has not been illegally detained by any person but he had gone to earn his

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livelihood at some other place since long. He is alleged to have executed a sale deed of his entire land in favour of respondent no. 4.

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It is contended by learned counsel for the petitioner/deponent that the alleged sale deed in question is forged one and has not been executed by the corpus but the sale deed of the entire agricultural land of the corpus has got been executed fraudulently by respondent no. 4 in his favour by playing fraud and having knowledge about missing of corpus, petitioner no. 1.

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Mr K. K. Tiwari, Advocate, holding brief of Mr Mool Chandra Mishra, learned counsel for the respondents no. 4 to 6 submitted that the alleged sale deed was executed by the corpus himself in favour of the respondent no. 4 not by any imposter. It is further submitted that a suit for cancellation of the alleged sale deed has also been filed before the competent civil court and the present matter relates to civil dispute and the present writ petition is not maintainable in the circumstances.

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In the aforesaid facts and circumstances of the case, this habeas corpus petition is not maintainable, in which purely a disputed questions of facts are involved for which the petitioners may have liberty to pursue or invoke their remedy, where question of facts can be adequately adjudicated on the basis of evidence led by the parties. As such the present habeas corpus writ petition is dismissed as not maintainable.

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However, it is also observed that in case for the alleged forgery played by respondent no. 4, any application for registering the FIR is moved by the petitioners/deponent, the same shall be investigated by the concerned police Station and in case the forgery is found to have been made, then FIR shall be lodged against the person concerned in accordance with law.

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Order Date :- 6.5.2022 RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.05.06 17:08:31 IST Reason: Location: High Court of Judicature at Allahabad

Sandeep Kumar (Corpus) and another v. State of U.P. through its Secretary (Home) at Lkw 5 Others

Case brief

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Sandeep Kumar (Corpus) and another v. State of U.P. through its Secretary (Home) at Lkw 5 Others

Case brief

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