This is the brief disposal of Habeas Corpus WP. No. 426 of 2023. The single-judge bench held that since the corpus (petitioner) was present, denied illegal detention, and was unwilling to accompany her husband, no cause for relief survived, leading to dismissal of the petition.
No order passed; the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:132999
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 426 of 2023
Petitioner :- Smt. Priyanka Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Raghubir Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri Sanjay Singh, learned counsel has put in appearance on behalf of respondent nos.4,5,6 & 7 by filing vakalatnama which is taken on record.
Heard learned counsel for the petitioner, Sri Sanjay Singh, learned counsel for respondent Nos. 4,5,6 & 7 and learned AGA for the State.
Corpus Smt. Priyanka is present before the Court. On being asked, she stated that she is working at Noida and is residing at Noida. She has denied her illegal detention. She also stated that she is not willing to go with her husband Prasant Rathore.
In view of above submission of the corpus, there is no illegal detention and no cause of action survives. The present habeas corpus writ petition is accordingly dismissed.
Order Date :- 6.7.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner was illegally detained given her current presence and statement denying detention.
Whether the habeas corpus writ petition survives as a cause of action.
Smt. Priyanka
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
