Habeas Corpus petition dismissed as detenue is willingly residing with her parents, denying claims of illegal detention or wrongful confinement.
Petition dismissed; no directions to produce the detenue or grant liberty.
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Neutral Citation No. - 2024:AHC-LKO:14981
Court No. - 16
Case :- HABEAS CORPUS WRIT PETITION No. - 24 of 2023
Petitioner :- Priti Devi Urf Anamika Thru. Husband Arbind Yadav Alias Manoj Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko. And Others
Counsel for Petitioner :- Kanchan,Chandan Prasad,Rakesh Kumar Maurya Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
List has been revised.
No one is present on behalf of the petitioner, however, Shri Ashok Kumar Singh, learned A.G.A.-I for the State-respondents is present.
The present petition has been filed with a prayer to issue a writ, order or direction in the nature of Habeas Corpus commanding the opposite parties to produce the detenue before this Hon'ble Court and she may be set at liberty to go with the petitioner.
As per the averment made in the writ petition, the detenue is major and she is legally wedded wife of the petitioner and they have solemnized their marriage against will of the family members of the detenue and she has been illegally detained and wrongfully confined by respondent no.4 in his house and respondent no.4 against the wish of the detenue wants to marry her with respondent no.5. Therefore, the detenue be summoned in the Court and her custody be given to the petitioner.
Learned A.G.A.-I on the other hand while drawing the attention of this Court towards an order of the C.W.C., Unnao dated 08.07.2021, submits that the custody of the detenue was given to her parents by the order dated 08.07.2021 passed by the C.W.C., Unnao.
Learned A.G.A.-I further submitted that the petitioner is an accused in Case Crime No. 0136 of 2021 lodged at Police Station Bangarmau, District Unnao under Section 363 and 366 I.P.C. and during the course of investigation the detenue was recovered and it was on the basis of the statement given by the detenue before the Magistrate that she wants to go and reside
with her parents her custody was given to her parents and, therefore, the instant writ petition be dismissed, as there is no element of illegal detention or wrongful confinement.
After hearing learned A.G.A.-I for the State as well as after perusing the entire material placed on record, this Court finds that the detenue is not under illegal custody as she is willingly living with her parents and respondent no.4 is father of the detenue, who has already lodged an F.I.R. against the petitioner bearing Case Crime No.0136 of 2021, under Sections 363, 366 I.P.C., Police Station Bangarmau, District Unnao alleging therein that the petitioner had enticed the minor daughter (detenue) of the complainant and the detenue was handed over to her parents on her own statement and wise, as such, the instant writ petition is liable to be dismissed.
With the above observations, the instant writ petition is dismissed.
Order Date :- 20.2.2024 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the detenue is under illegal custody requiring production of the detenue and granting liberty to the petitioner.
Priti Devi Urf Anamika Thru. Husband Arbind Yadav Alias Manoj
State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko. And Others
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
