Smt. Neelam and Another Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:160191

Court No. - 79

Case :- HABEAS CORPUS WRIT PETITION No. - 435 of 2023 Petitioner :- Smt. Neelam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hare Ram,Ganesh Shukla Counsel for Respondent :- G.A.,Bashishth Narayan Upadhyay

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the parties and perused the record.

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This habeas corpus writ petition has been filed on behalf of corpus petitioner no. 1 Smt. Neelam through her husband petitioner no. 2 namely Rajendra Kumar with the allegation that the corpus is illegally detained by respondent no. 4 who is father of corpus.

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In compliance of order of this Court dated 25.07.2023, the corpus has been produced by Sub Inspector Sudhir Kumar, Constable Shivani and Constable Kamlesh Pandey of Police Station Line Bazar, District Jaunpur before this Court today and on being queried by the Court, she states that she voluntarily left the house of petitioner no. 2 on being tortured by her husband (petitioner no. 2). She further states that she willingly resides with her father / respondent no. 4. Lastly, she states that she is not willing to go with petitioner no. 2.

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In view of above statement of corpus, she cannot be said to be in illegal confinement of respondent no. 4. No cause of action survives, the habeas corpus writ petition 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 petitioner no. 2 in the name of corpus petitioner no. 1 namely Smt. Neelam forthwith.

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Order Date :- 9.8.2023 sailesh

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

Smt. Neelam and Another v. State of U.P. and 3 Others

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Smt. Neelam and Another v. State of U.P. and 3 Others

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