This single-judge order dismissed a habeas corpus petition filed by a husband for release of his wife, alleged to be illegally detained by her father. The court held that since the missing person's police statement indicated a desire to go with parents, no illegal confinement existed.
Petition dismissed with no order as to costs.
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:161931
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 498 of 2023 Petitioner :- Km. Radha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Upadhyay Counsel for Respondent :- G.A.,Sudeep Kumar Pathak
Hon'ble Vipin Chandra Dixit,J.
List has been revised.
No one is present on behalf of petitioners to press the petition.
Learned A.G.A. for the State and Sri Sudeep Kumar Pathak learned counsel appearing on behalf of respondent no. 4 are present.
This habeas corpus writ petition has been filed on behalf of corpus namely Km. Radha through her husband petitioner no. 2 namely Abhimanyu Singh with the allegation that corpus is illegally detained by respondent no. 4.
Learned counsel appearing on behalf of respondent no. 4 states that earlier a writ petition has been filed by the petitioners seeking protection before this Court, which was dismissed. It is further submitted that the present petition has been filed by the petitioners with altogether incorrect fact and the marriage of corpus was never solemnized with petitioner no. 2. It has also been submitted that a missing report has been lodged by the respondent no. 4 and the statement of corpus was recorded under Section 161 Cr.P.C., in which she has stated that she want to go with her parents.
In view of statement of corpus recorded under Section 161 Cr.P.C. that she willingly go with her parents, the corpus cannot said to be in illegal confinement of respondent no. 4, who is father of corpus. The present petition has no force and is liable to be dismissed.
The present habeas corpus writ petition is dismissed, accordingly.
Order Date :- 10.8.2023 sailesh
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a habeas corpus petition filed for illegal confinement should be disposed of when the missing person willed to go with parents per police statement.
Whether adverse order in earlier writ petition bars fresh petition on alleged incorrect facts regarding marriage solemnization.
1 provisions across 1 enactments
Km. Radha
Abhimanyu Singh
State Of U.P.
Respondent no. 2
Respondent no. 3
Respondent no. 4
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
