Smt. Khushi Sonwani Thru. His Husband Akash Mishra Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Neutral Citation No. - 2024:AHC-LKO:85470

Court No. - 12

Case :- HABEAS CORPUS WRIT PETITION No. - 373 of 2024 Petitioner :- Smt. Khushi Sonwani Thru. His Husband Akash Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others

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Counsel for Petitioner :- Amit Tewari,Shailendra Agnihotri Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Vakalatnama filed by Shri Pradyumn Shukla, Advocate on behalf of the respondent no. 4 in Court today is taken on record.

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The corpus/Smt. Khushi Sonwani is present before this Court. The corpus has been identified by Ms. Mansi, Constable (PNO No. 192734934).

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The draft of Rs. 50,000/-, in terms of order dated 02.12.2024, has been handed over by the petitioner to Smt. Khushi Sonwani before this Court.

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Heard learned counsel for the parties.

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The instant writ petition has been filed praying for following main relief:

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"Issue a writ, order or direction, in the nature of Habeas Corpus against the Opposite Parties commanding to produce the corpus of the Petitioner/Detenue before this court and to hand over her custody to her Husband namely, Akash Mishra and to ensure her safety and security."

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Shri Pradyumn Shukla, Advocate stated that the corpus is not in illegal custody of the private-respondent no. 4.

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Smt. Khushi Sonwani, the corpus, aged about nineteen years, as indicated in the writ petition, is present before this Court and has stated that she does not want to go with her Husband Akash Mishra.

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The aforesaid statement of the corpus is recorded.

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Taking note of the aforesaid statement of corpus as also the corpus is mature enough to take decision, this Court is not inclined to accede the prayers sought in this petition. Accordingly, it is dismissed .

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Order Date :- 19.12.2024 Mohit Singh/-

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

Smt. Khushi Sonwani Thru. His Husband Akash Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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Smt. Khushi Sonwani Thru. His Husband Akash Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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