HC allowed a habeas corpus petition for the personal liberty of Farhat Riyaj, directing police to escort her to her husband's place without coercive action against the co-petitioner, as she is a major.
Petitioner directed to be escorted by police to husband's place; no coercive action against petitioner no.2.
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Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 569 of 2022
Petitioner :- Farhat Riyaj And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned Counsel for the petitioners and learned Counsel for the State.
The Corpus namely Farhat Riyaj is present before this Court. She wants to move with her husband namely Diwaker Mishra. She is produced before this Court by the police authority. Her age certificate shows that she is already major. In that view of the matter, this petition will have to be allowed.
She is directed to be escorted by the police at the place of her husband and no coercive action shall be taken against petitioner no.2.
With the aforesaid observations, the petition is allowed.
This Court is thankful of the Counsel for ably assisting this Court.
Order Date :- 10.8.2022 Irshad
Digitally signed by IRSHAD AHMAD SIDDIQUI Date: 2022.08.10 15:49:07 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the petition for personal liberty should be allowed in the circumstance
Whether the petitioner must be escorted by police to her husband's residence
Whether coercive action should be taken against the petitioner
Farhat Riyaj
Diwaker Mishra
State of U.P.
3 Others
Dr. Kaushal Jayendra Thaker
Irshad Ahmad Siddiqui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
