This court dismissed a habeas corpus writ petition alleging illegal detention. The corpus petitioner stated she resides with her parents, no illegal detention occurred, and any marriage was falsely claimed.
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Neutral Citation No. - 2023:AHC:130823
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 517 of 2023
Petitioner :- Smt.Sangeeta Bhati And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohit Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri Gorakh Yadav, learned counsel has put in appearance on behalf of respondent nos. 4 to 6 by filing vakalatnama which is taken o record.
Heard learned counsel for the petitioners and Sri Gorakh Yadav, learned counsel for respondent nos. 4 to 6 and learned AGA for the State.
In compliance of order dated 6.6.2023 corpus namely Smt. Sangeeta Bhati is present before the Court. On making query, she stated that she is presently residing with her parents namely Suresh Bhati and Smt. Pushpa Bhati who are respondent nos. 4 & 5 and there is no illegal detention of the corpus. She has further stated that love marriage certificate was fraudulently obtained by petitioner no.2 and she has not married with the petitioner no.2.
In view of above submission of petitioner no.1(corpus), there is no illegal detention and no cause of action survives. The present habeas corpus writ petition is accordingly dismissed .
Order Date :- 4.7.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner’s residence with her parents negates allegations of illegal detention in the habeas corpus petition.
Smt. Sangeeta Bhati
Suresh Bhati
Smt. Pushpa Bhati
State of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
