Habeas corpus petition dismissed as the corpus stated she voluntarily lives with her mother and is not illegally detained by respondents.
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Neutral Citation No. - 2023:AHC:142475
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 197 of 2023
Petitioner :- Komal And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ram Janam Shahi Counsel for Respondent :- G.A.,Rajesh Kumar Gautam,Rajesh Kumar Yadav
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ram Janam Shahi, learned counsel for the petitioners, learned A.G.A. for the State, Sri Rajesh Kumar Gautam, learned counsel appearing for private respondents and perused the record.
In compliance of order dated 12.7.2023 corpus, namely, Komal is produced before the Court by S.I. Jitendra Pratap Singh and Constable Ms. Komal, Police Station Paraur, District Shahjahanpur.
On being queried, the corpus Komal states that she voluntarily lives with her mother Chameli Devi. She further states that she is not illegally detained by respondent nos.4 to 9.
In view of the statement of corpus, namely, Komal, that she voluntarily resides with her mother namely, Chameli Devi, she may not be considered to be in unlawful confinement of respondent nos.4 to 9 and there is no sufficient ground for issuing writ of habeas corpus directing the custody of corpus to petitioner no.2. The petition has no force and is liable to be dismissed.
The present habeas corpus petition is dismissed, accordingly.
Order Date :- 18.7.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
Komal
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
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