Dismissed

Smt. Madhuri Sharma (Corpus) and Another v. State of U.P. and 4 Others

Allahabad HC18 Aug 2023HABC/347/2023

Case brief

AI extract

What is this about?

A habeas corpus petition was filed to release Smt. Madhvi Sharma from illegal detention. The court, after the corpus stated willingness to reside with her parents, held no cause of action survived and dismissed the petition, directing refund of security money.

What did the court decide?

The petition was finally dismissed. The deposited security of Rs. 30,000 was directed to be paid to the corpus immediately.

Smt. Madhuri Sharma (Corpus) and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:166467

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Court No. - 79

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Case :- HABEAS CORPUS WRIT PETITION No. - 347 of 2023

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Petitioner :- Smt. Madhuri Sharma (Corpus) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satyendra Narayan Singh,Bindeshwari Prasad Mishra

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Counsel for Respondent :- G.A.

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Hon'ble Donadi Ramesh,J.

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Shri Mahendra Prakash, learned counsel has filed his vakalatnama on behalf of respondents No. 2 to 5, which is taken on record.

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Heard learned counsel for the petitioners, Shri Mahendra Prakash, learned counsel appearing on behalf of respondents No. 2 to 5 and learned A.G.A for respondents no. 1 and perused the record.

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Present writ petition has been filed for following relief:

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"(i) issue a writ, order or direction in the nature of Habeas Corpus directing the respondent no. 2 to 5 to produce the corpus/petitioner no. 1 Smt. Madhvi Sharma before this Hon'ble Copurt to set her free at her own liberty according to her own will.

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(ii) issue a writ, order or direction in the nature Habeas Corpus directing the respondent No. 2 to 5 to produce the petitioner no. 1 i.e. corpus/Madhvi Sharma before this Hon'ble Court to set her liberty and release the petitioner no.1 from the illegal detention of respondent no. 2 to 5 and handover the petitioner no. 1 to the petitioner no. 2 i.e. her husband Vaibhav Sharma."

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This Court vide order dated 3.8.2023 directed respondents no. 2 to 5 to produce corpus-Smt. Madhvi Sharma on 18.08.2023. In pursuance thereof, the corpus is present before the Court today.

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After interacting with the corpus, she made a statement that she is willing to reside with her parents. Though, learned counsel for the petitioners made a submission that she is legally wedded wife of the second petitioner but the instant petition has been filed only with a prayer for issuance of a writ, order or direction especially in the nature of habeas corpus for the release of alleged detenue namely Madhvi Sharma wife of Vaibhav Sharma, second petitioner

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who has intended to live with her parents.

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In view of the statement of fact made by the corpus- Smt. Madhvi Sharma, no cause of action survives in the present writ petition. Accordingly, the same is finally disposed of.

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However, it is directed that the deposited amount of Rs. 30,000/be paid to the corpus forthwith.

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Order Date :- 18.8.2023 Mukesh Kr.

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(Donadi Ramesh,J.)

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Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad

Smt. Madhuri Sharma (Corpus) and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt. Madhuri Sharma (Corpus) and Another 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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