Dismissed

Bhagirathi Thru. His Daughter Reetu Devi v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Allahabad HC14 Jun 2024/103/2024

Case brief

AI extract

What is this about?

Habeas corpus writ petition alleging illegal detention of an elderly man by his daughters' family members. State counter affidavit showed the detenue lived with another daughter on his own freewill, supported by his signed letter and an FIR he lodged against the petitioning daughter's husband and her. Petition dismissed for lack of force.

What the court decided

AI extract

Bhagirathi Thru. His Daughter Reetu Devi Vs State… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43112

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Court No. - 12

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Case :- HABEAS CORPUS WRIT PETITION No. - 103 of 2024

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Petitioner :- Bhagirathi Thru. His Daughter Reetu Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others

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Counsel for Petitioner :- Hanumant Lal Yadav,Shailendra Singh Chauhan Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Rejoinder affidavit filed by the petitioner in Court today is taken on record.

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Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondent.

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The instant writ petition has been filed with the main relief:

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"i. Issue a writ, order or direction in the nature of habeas corpus directing the opp. party no. 2 & 3 to get release of the petitioner/detenue forthwith.

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ii. Issue a writ, order or direction in the nature of habeas corpus directing the opposite parties to produce the detenue before this Hon'ble Court."

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Taking note of the contents of the petitioner and the submissions advanced by learned counsel for the petitioner, this Court, vide order dated 01.05.2024, directed the State to file counter affidavit.

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As per counter affidavit filed by the State, Bhagirathi (detenue) is living with her daughter namely Gita Yadav and her family members on his own freewill, who are taking care of Bhagirathi (detenue) and in support of the same, a letter signed by Bhagirathi (detenue) is also annexed as Annexure No. CA-1 to the counter affidavit.

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The counter affidavit also indicates that Bhagirathi (detenue) had lodged an FIR No. 0388 of 2023 on 31.12.2023 against Ashok Yadav (husband of Reetu Yadav) and Reetu Yadav

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(another daugther of Bhagirathi (detenue), who has instituted this petition alleging that Bhagirathi (detenue) is in illegal custody of respondents no. 4 and 5.

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In the rejoinder affidavit, the averments made in the writ petition have been reiterated and it has been alleged that the thumb impression of Bhagirathi (detenue) is forged one.

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Upon due consideration of aforesaid including the letter of Bhagirathi (detenue) filed as Annexure No. CA-1 to the counter affidavit also the FIR lodged by Bhagirathi (detenue) against Ashok Yadav and Reetu Yadav, this Court finds that there is no force in the petition and accordingly, the writ petition is dismissed.

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Order Date :- 14.6.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Bhagirathi Thru. His Daughter Reetu Devi v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Case brief

What is this about?

What the court decided

Bhagirathi Thru. His Daughter Reetu Devi v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Case brief

What is this about?

What the court decided

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