This judgment dismisses a habeas corpus petition on withdrawal after the corpus declared willingness to marry and live with her husband, directing police to set her free.
Writ petition dismissed as withdrawn. Investigating Officer directed to safely set free the corpus to go anywhere as per her own wishes.
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. - 87
Case :- HABEAS CORPUS WRIT PETITION No. - 307 of 2022 Petitioner :- Kumari Taseerunnisha And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Krishna Nand Yadav,Anand Prakash Yadav Counsel for Respondent :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
This habeas corpus writ petition has been filed by the deponent/father (petitioner no. 3) at the behest of petitioner nos. 1 & 2 (corpus), for issuance of a writ in the nature of habeas corpus directing the respondents to produce the corpus (petitioner nos. 1 & 2).
It is averred in the writ petition that the corpus have been kidnapped by the respondents no. 4 to 7 from the house of the deponent on the pretext of showing Naukavihar in Gorakhpur, regarding which he made several complaints and also moved application under Section 156(3) Cr.P.C.
Today, in compliance of the earlier order of this court dated 11.5.2022, corpus petitioner no. 1 Km. Taseerunnisha is present along with Investigating Officer Mohd Ismail, P.S. Paniyara, District Maharajganj. She stated before the Court that she has not been kidnapped or enticed away by any body and is not in illegal detention of any body but out of her own sweet will and being major has solemnized marriage on 10.12.2021 with the respondent and wants to live with her husband.
Learned counsel for the petitioners has also submitted that petitioner no. 2, namely Sahab Ali is in custody of his father/deponent, therefore, now he does not want to press this writ petition and the present writ petition may be dismissed as withdrawn.
There is absolutely no ingredients of Habeas Corpus in the present petition. The writ petition is devoid of merits and is liable to be dismissed.
The writ petition is accordingly dismissed as withdrawn. Investigating Officer, who is present before this Court, is directed to safely set free the corpus to go anywhere as per her own wishes.
Order Date :- 20.5.2022 RavindraKSingh
Court No. - 87 Case :- HABEAS CORPUS WRIT PETITION No. - 307 of 2022 Petitioner :- Kumari Taseerunnisha And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Krishna Nand Yadav,Anand Prakash Yadav Counsel for Respondent :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
(Modification Application No. 2 of 2022)
The present modification application has been filed seeking modification of the order dated 29.04.2022 whereby the petitioner no. 3/deponent was directed to deposit Rs. 50,000/- in favour of the corpus/petitioners no. 1 & 2.
It is contended by learned counsel for the applicant that the deponent was not in a position to deposit the amount as directed by this court and hence the order could not be complied with.
Since the writ petition stands dismissed as withdrawn, the modification application stands also dismissed.
Order Date :- 20.5.2022 RavindraKSingh
Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.05.24 14:59:24 IST Reason: Location: High Court of Judicature at Allahabad
Kumari Taseerunnisha And 2 Others
State Of U.P. And 6 Others
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
