Dismissed

Smt. Sunita Mishra Thru. Her Daughter Smt. Jyoti Mishra v. Abhishek Mishra and 4 Others

Allahabad HC3 Jan 2023/96/2022

Case brief

AI extract

What is this about?

In a habeas corpus petition filed by a detained mother on behalf of her daughter, the court found after producing the petitioner that she was living voluntarily with her son and sought to continue, thus negating claims of illegal confinement. The petition was dismissed based on the petitioner's own statement.

What did the court decide?

The instant habeas corpus petition is dismissed.

Smt. Sunita Mishra Thru. Her Daughter Smt. Jyoti… — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 15

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Case :- HABEAS CORPUS WRIT PETITION No. - 96 of 2022

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Petitioner :- Smt. Sunita Mishra Thru. Her Daughter Smt. Jyoti Mishra Respondent :- Abhishek Mishra And 4 Others Counsel for Petitioner :- Maneesh Kumar Singh,Navita Sharma

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Counsel for Respondent :- Mayank Pandey,Brajesh Kumar Yadav,Praveen Kumar Yadav,Saquib Zia Khan

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Hon'ble Subhash Vidyarthi,J.

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In furtherance of order dated 22.12.2022, the alleged detennue Smt. Sunita Mishra has been produced in the Court and she has come along with her son Sri Abhishek Mishra-opposite party no. 1. Smt. Sunita Mishra appears to be frail and unwell but she appears to be capable of understanding things and replying to the questions put to her. After making her sit comfortably in a chair the Court requested Sri Prem Prakash, learned AGA-I to make her comfortable psychologically also and after Sri Prem Prakash talked to Smt. Sunita Mishra for some time, Smt. Sunita Mishra has categorically stated before the Court that she is living with her son Sri Abhishek Mishra and she wants to continue to live with him in future also. She has expressed a desire to keep on meeting her daughter Smt. Jyoti Mishra whenever her daughter can visit her at the house of Sri Abhishek Mishra.

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In view of the aforesaid statement of Smt. Sunita Mishra, it appears that she is not in any illegal confinement warranting exercise of extra ordinary jurisdiction by this Court under Article 226 of the Constitution of India.

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However, keeping in view the desire expressed by Smt. Sunita Mishra to keep seeing her daughter to which Sri Abhishek Mishra also has no objection and he has stated that his sister Smt. Jyoti Mishra would always be welcome in his home to meet her mother, this Court hopes and trusts that both the parties Sri Abhishek Mishra and Smt. Jyoti Mishra will make endeavour to respect the desires of their mother Smt. Sunit Mishra.

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With the aforesaid observations, the instant petition stands dismissed .

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Order Date :- 3.1.2023

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Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sunita Mishra Thru. Her Daughter Smt. Jyoti Mishra v. Abhishek Mishra and 4 Others

Case brief

What is this about?

What did the court decide?

Smt. Sunita Mishra Thru. Her Daughter Smt. Jyoti Mishra v. Abhishek Mishra and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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