Dismissed

Smt. Tannu Sachan @ Chandani Sachan v. State of U.P. and 4 Others

Allahabad HC7 Aug 2023HABC/311/2023

Case brief

AI extract

What is this about?

In this habeas corpus petition regarding the petitioner's alleged illegal detention by her parents, the High Court dismissed the writ. The corpus voluntarily stated she resides with her parents, negating illegal confinement, leading to the dismissal of the petition and refund of court fees.

What did the court decide?

Petition dismissed; refund of bank draft of Rs. 30,000/-.

Smt. Tannu Sachan @ Chandani Sachan… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:158144

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Court No. - 79

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Case :- HABEAS CORPUS WRIT PETITION No. - 311 of 2023 Petitioner :- Smt. Tannu Sachan @ Chandani Sachan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shailesh Pandey,Mayank Awasthi Counsel for Respondent :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Sri Deepraj Singh, learned advocate has put in appearance on behalf of respondent nos. 4 and 5 by filing his Vakalatnama, which is taken on record.

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Heard Sri Mayank Awasthi, learned counsel for the petitioner, learned A.G.A. for the State, Sri Deepraj Singh, learned counsel appearing on behalf of respondent nos. 4 and 5 and perused the record.

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This habeas corpus writ petition has been filed on behalf of corpus Smt. Tannu Sachan @ Chandani Sachan through her husband namely Shailendra @ Himanshu Sachan with the allegation that the corpus is illegally detained by respondent nos. 4 and 5.

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It is submitted by learned counsel for the petitioner that corpus namely Smt. Tannu Sachan @ Chandani Sachan is legally married wife of Shailendra @ Himanshu Sachan but she is illegally detained by respon dent nos. 4 and 5, who are parents of corpus.

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In compliance of orders of this Court dated 05.07.2023 and 27.07.2023, the corpus along with respondent nos. 4 and 5 have been produced by S.H.O. namely Sri Akhilesh Kumar, Sub Inspector Dilip Kumar and Constable Vimla Devi of Police Station Chandpur, district Fatehpur before this Court today and on being queried by the Court, the corpus namely Smt. Tannu Sachan @ Chandani Sachan submits that she voluntarily resides with her parents and there is no illegal confinement.

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In view of above statement of corpus that she is voluntarily resides with her parents who are respondent nos. 4 and 5, she cannot be said to be in illegal confinement, no cause of action survives in the present writ petition and the same is liable to be dismissed.

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The habeas corpus writ petition is dismissed, accordingly.

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The Registrar General, High Court, Allahabad is requested to refund the bank draft of Rs. 30,000/-, deposited by Shailendra @ Himanshu Sachan in the name of corpus Smt. Tannu Sachan @ Chandani Sachan forthwith.

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Order Date :- 7.8.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Smt. Tannu Sachan @ Chandani Sachan v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt. Tannu Sachan @ Chandani Sachan v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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