Dismissed

Smt. Ichchha Tiwari v. State of U.P. and 3 Others

Allahabad HC20 Dec 2022HABC/889/2022

Case brief

AI extract

What is this about?

The Court dismissed a habeas corpus petition filed by the petitioner, alleged to be the husband of the detained woman. Relying on the complainant's statement under Section 164 Cr.P.C. corroborating allegations of coercion against the woman, the Court found no ground to entertain the petition.

What did the court decide?

The habeas corpus writ petition has been dismissed.

Smt. Ichchha Tiwari Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 91

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Case :- HABEAS CORPUS WRIT PETITION No. - 889 of 2022

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Petitioner :- Smt. Ichchha Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kishor Pandey,Ashish Pandey Counsel for Respondent :- G.A.,Manoj Yadav

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Anand Mohan Pandey holding brief for Sri Ashish Pandey, learned counsel for the petitioner, Sri Thakur Azad Singh holding brief for Sri Abhishek Tiwari, learned counsel for the respondent no. 4 and Sri O.P. Mishra assisted by Sri Vinay Kumar Singh, learned AGA for the State.

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This habeas corpus writ petition has been filed by the alledged husband of corpus-Smt. Ichchha Tiwari contending that she has been detained by her father illegally; she is legally wedded wife of the petitioner; both of them are major and got married as per customs of Arya Samaj.

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Admittedly, an FIR case crime no. 216 of 2022 under Section 420 IPC and 67 of I.T. Act has been lodged by father of the corpus alleging that Saurabh (the petitioner) has been pressurizing him to get his daughter married off to the petitioner lest he shall defame her so much that he will not be able to marry her off in future; it is also alleged therein that the petitioner prepared a forged facebook I.D. in the name of his daughter and has been sending false messages to his relatives for defaming them; a copy of the statement given under Section 164 Cr.P.C. has been filed by the informant no. 4, in which, the corpus has given a statement corroborating the version given in the FIR and stated that Saurabh has been blackmailing her to pressurize her to enter into marriage bond and has hacked her facebook I.D. to spread false information about her and has also prepared a false marriage certificate.

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In view of the allegations imputed by the victim on the petitioner in the statement recorded under Section 164 Cr.P.C., I do not find any good ground to proceed in this habeas corpus, hence, the present petition is dismissed .

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Order Date :- 20.12.2022 Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Smt. Ichchha Tiwari v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Ichchha Tiwari v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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