Court dismissed a habeas corpus petition filed by Vijay Agrawal as next friend of Sadhna Sharma, concluding the petition was issued to create pressure as no counsel appeared for multiple hearings and the court lacked satisfaction regarding the averments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:4636
Court No. - 16
Case :- HABEAS CORPUS WRIT PETITION No. - 21 of 2022 Petitioner :- Sadhna Sharma Thru. Her Next Friend Vijay Agrawal Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Ors Counsel for Petitioner :- Ram Pukar Singh Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
Case is taken up in the revised call.
None is present for the petitioner to argue this case.
Sri Veer Bhan Singh, learned A.G.A. is present for the State.
This Habeas Corpus writ petition has been filed by one Vijay Agrawal claiming himself to be the next friend of the corpus Sadhna Sharma, who is a married lady. As per the averment made in para-7 of the writ petition, the next friend was informed on 8.1.2022 by the corpus on phone that her husband alongwith Vinay Awasthi (Neta) was physically torturing her, due to which she anyhow left her matrimonial house on 6.1.2022. Several other averments were also made.
The matter was firstly taken on 4.2.2022, whereon the counsel did not argue the matter and it was directed that the matter be listed on 22.2.2022. Thereafter, again the matter was listed on 30.11.2022. On that date, the counsel made a request that the matter be listed on 23.12.2022. Thereafter the matter was listed on 20.2.2023 and on that date the counsel for the petitioner did not appear in the case and the matter was directed to be listed on 29.5.2023. Today again, when the matter is taken up in the revised call, no one appears to argue this case.
It appears that this writ petition has been filed to create pressure. On none of the date, the counsel for the petitioner appeared to argue the case or he sought adjournment, thus, it appears he is not interested to pursue this matter any further and this writ petition has been filed only with the intention to get some undue advantage from this Court by obtaining some order. Accordingly this Court is not satisfied with the averments made in the writ petition and the prayer made therein. Accordingly, this writ petition is dismissed .
( Shamim Ahmed, J. )
Order Date :- 17.1.2024/A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
Sadhna Sharma
State Of U.P.
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
