In this habeas corpus petition, the petitioner alleged illegal detention of the corpus, Kumari Priti. The corpus voluntarily stated she resides with respondent no. 2 and is not detained. The court found no illegal confinement and dismissed the petition as devoid of cause of action.
Habeas corpus petition dismissed as no illegal detention was found.
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Neutral Citation No. - 2023:AHC:171182
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 585 of 2023
Petitioner :- Kumari Priti Respondent :- State of U.P. and Another Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri S.K. Upadhyay, Advocate has put in appearance on behalf of respondent no.2 by filing his Vakalatnama, which is taken on record.
Heard Sri C.P. Singh, learned counsel for the petitioner, learned A.G.A. for the State, Sri S.K. Upadhyay, learned counsel appearing for respondent no.2 and perused the record.
This habeas corpus petition has been filed on behalf of Kumari Priti through her mother Sangita with the allegation that corpus is illegally detained by respondent no.2.
In compliance of order dated 31.7.2023, corpus namely, Kumari Priti is produced before this Court by Sub Inspector Radhesh Saxena and Constable Ms. Saloni Vishnoi, Police Station Jewar, District Gautam Buddh Nagar.
On being queried, the corpus namely, Kumari Priti states that she voluntarily lives with respondent no.2. She further states that she is not illegally detained by respondent no.2. She also states that she is not willing to go with her mother.
In view of the statement of corpus namely, Kumari Priti that she willingly resides with respondent no.2, the corpus cannot said to be in illegal confinement of respondent no.2. 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 :- 24.8.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is illegally detained by respondent no. 2.
Kumari Priti
State of U.P.
Respondent No. 2
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
