This habeas corpus petition challenging the illegal detention of Smt. Suman Yadav was dismissed. The corpus stated she voluntarily left her husband a year ago and resides elsewhere, negating illegal confinement allegations.
Petition dismissed as the corpus voluntarily left her husband's house and was not illegally confined.
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Neutral Citation No. - 2023:AHC:159039
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 507 of 2023
Petitioner :- Smt. Suman Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Tripathi Counsel for Respondent :- G.A.,Nand Lal Yadav,Prem Chandra
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Vinay Kumar Tripathi, learned counsel for the petitioners, learned A.G.A. for the State, Sri Nand Lal Yadav, learned counsel appearing for respondent no.4 and perused the record.
This habeas corpus petition has been filed on behalf of Smt. Suman Yadav (corpus) through her husband namely, Sri Ramchet Yadav/petitioner no.2 with the allegation that corpus is illegally detained by respondent no.4.
In compliance of orders dated 1.6.2023 and 24.7.2023, corpus namely, Smt. Suman Yadav is produced before this Court by Sub Inspector Man Singh, Police Station Kaptanganj, District Azamgarh.
On being queried, the corpus namely, Smt. Suman Yadav states that she voluntarily left the house of her husband namely, Ramchet Yadav/petitioner no.2 one year back and she presently resides at Girls Hostel, Muirabad, Prayagraj. She further states that she is not illegally confined by respondent no.4. She further states that she is not willing to go with petitioner no.2, who is husband of corpus as he tortured her regularly.
In view of the statement of corpus namely, Smt. Suman Yadav that she voluntarily left the house of her husband for last one year and is residing separately at Muirabad, Prayagraj, the corpus cannot said to be in illegal confinement of respondent no.4. No cause of action survives. The petition has no force and is liable to be dismissed.
The present habeas corpus petition is dismissed, accordingly.
Order Date :- 8.8.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the corpus is illegally detained by respondent no.4.
Smt. Suman Yadav And Another
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
