Pooja Yadav Thru.Her Husband Sri Mohit Gurdasani Vs State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Sectt. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

Pooja Yadav Thru.Her Husband Sri Mohit Gurdasani Vs State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Sectt. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether a writ in the nature of habeas corpus ought to be issued directing opposite party nos. 2 and 3 to recover and produce the detenue petitioner, and to secure her release from alleged illegal detention by respondent nos. 4 and 5.

Ratio / Principle

Since it is evident from the order sheet that the Court's earlier order (of 19.11.2024) was not complied with by the petitioner, the present habeas corpus writ petition is dismissed for non-compliance with the Court's direction. No merits finding was recorded on the alleged illegal detention.

Detailed headnote1 paragraphs

HABEAS CORPUS WRIT PETITION No. 345 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Rajeev Singh, J.), Order Date 18.2.2025. Filed by Pooja Yadav through her husband Sri Mohit Gurdasani against the State of U.P. (through Principal Secretary, Home Department, Government Secretariat, Lucknow) and four others, the petition sought a writ in the nature of habeas corpus to direct opposite party nos. 2 and 3 to recover and produce the detenue petitioner immediately (including tracing of mobile nos. 7007651631/9415984385) and to secure her release from alleged illegal detention by respondent nos. 4 and 5; the dispute was described by counsel as purely matrimonial. By order dated 19.11.2024, the Court referred the matter to the Mediation and Conciliation Centre for 06.01.2025 upon counsel's offer of amicable settlement, directed the petitioner to deposit Rs. One Lakh within two weeks (to be released forthwith in favour of the detenue), issued returnable notice with steps within four working days, and put up the case fresh on 18.02.2025 alongwith the mediation report. On 18.02.2025 no one appeared for the petitioner and, as evident from the order sheet that the Court's order had not been complied with, the habeas corpus writ petition was dismissed for non-compliance of the Court's direction. No merits determination on the alleged illegal detention was recorded.

Court No. - 13

Case :- HABEAS CORPUS WRIT PETITION No. - 345 of 2024

Petitioner :- Pooja Yadav Thru.Her Husband Sri Mohit Gurdasani Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Sectt. Lko And 4 Others Counsel for Petitioner :- Pallavi Vatsala,Arun Kumar Singh Counsel for Respondent :- G.A.

Hon'ble Rajeev Singh,J.

1. Case is called out.

No one has put in appearance on behalf of the petitioner.

On 19.11.2024, following order was passed:-

Heard learned counsel appearing for the applicants, learned AGA for the State of U.P. and perused the record.

The present petition has been filed for the following main relief:"(1) Issue a writ, order or direction in the nature of Habeas Corpus, to direct the opposite parties No. 2 & 3 to recover and produce the detenue petitioner before this Hon'ble Court immediately and searching the location of mobile No. 7007651631/9415984385 and produce the call detailed before this Hon'ble Court.

(ii) Issue a writ, order or direction in the nature of Habeas Corpus, to ensure the goodness and how and where the detenue petitioner have been detained and to recover the detneue petitioner from the illegal detention from the respondent No.4 & 5."

Learned counsel for the petitioner stated that the petitioner is ready to settle the dispute, which is purely matrimonial in nature, amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties and to show the bonafide, he says that the petitioner is ready to deposit an amount to the tune of Rs. One Lakh before Mediation and Conciliation Centre of this Court, within two weeks.

In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 06.01.2025. The petitioner shall deposit an amount of Rs. One Lakh, before the Mediation and Conciliation Centre of this Court within two weeks from today, which shall be released in favour of detenue petitioner/Pooja Yadav, forthwith.

Issue notice, returnable at an early date. Steps in this regard be taken within four working days. List/put up this case before this Court on 18.02.2025 as fresh alongwith mediation report.

As it is evident from the order sheet that order of this Court has not been complied with by the petitioner, accordingly, the present habeas corpus writ petition is dismissed for non compliance of direction of this Court.

Order Date :- 18.2.2025 Gaurav/-

Digitally signed by :- GR A JESH KUMAR SINGH URAV PAL High Court of Judicature at Allahabad, Lucknow Bench