A habeas corpus petition alleging illegal detention was dismissed after the corpus stated she voluntarily left her husband's house and resides with her parents.
Petition dismissed. Bank draft of Rs.30,000/- refunded to corpus.
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Neutral Citation No. - 2023:AHC:175401
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 719 of 2023
Petitioner :- Ankur Tripathi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Yadav,Awadhesh Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri Umesh Kumar, Advocate has put in appearance on behalf of respondent nos. 4 to 6 by filing vakalatnama, which is taken on record.
Heard Sri Rajesh Yadav, learned counsel for petitioners, learned AGA for respondent nos. 1 to 3 and Sri Umesh Kumar, learned counsel for respondent nos.4 to 6.
This habeas corpus petition has been filed on behalf of corpus Smt. Rupanjali Mishra through her husband Ankur Tripathi-petitioner no.1 with the allegation that corpus is illegally detained by respondent nos.4 to 6 who are parents and brother of corpus.
In compliance of order dated 23.8.2023, corpus Smt. Rupanjali Mishra has been produced before the Court by Sub Inspector Uma Shankar Singh Yadav(940580277), Police Station Naini, Prayagraj. On making query, she states that she has voluntarily left the house of her husband and presently resides with her parents. She further states that she is not illegally detained by private respondents.
In view of the statement of corpus, the corpus is not said to be in illegal confinement of respondent nos. 4 to 6. No cause of action survives. The habeas corpus writ petition is dismissed.
Learned Registrar General, High Court, Allahabad is requested to refund the bank draft of Rs.30,000/- deposited by Ankur Tripathipetitioner No.1 in the name of corpus, to corpus Smt. Rupanjali Mishra forthwith.
Order Date :- 6.9.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the corpus was illegally detained by the private respondents.
Ankur Tripathi
Rupanjali Mishra
State Of U.P.
Parents of Corpus (Unnamed)
Brother of Corpus (Unnamed)
Other Unnamed Respondents
Vipin Chandra Dixit
As recorded by the court registry
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