Aditya Singh and Another vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

Aditya Singh and Another vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Corpus (minor) directed to be released forthwith; undertaking recorded from petitioner no. 2 not to contact respondent nos. 4 to 7 by any physical or telephonic means, failing which the mother of the corpus may approach the local S.H.O. for immediate protection and security measures; habeas corpus petition dismissed as lacking merit.

Issue for consideration

Whether the habeas corpus writ petition concerning the minor corpus had merit and warranted relief to the petitioners in respect of the corpus.

Court's answer

Upon interacting with the mother of the corpus, the Court observed that she had been tortured, assaulted and threatened to the extent that she feared eye-to-eye contact with petitioner no. 2, who claimed himself to be her husband; that she resided separately with her son due to extreme cruelty and severe assault at petitioner no. 2's hands; and that the allegations made in the petition were baseless and without substance.

Ratio / Principle

Based on the statement of the mother of the corpus and of the escorting police personnel, the Court directed that the corpus be released forthwith.

Key takeaways

Petitioner no. 2 undertook before the Court that he would not make any attempt to contact respondent nos. 4 to 7 by any means, whether physical or telephonic; in the event of any such attempt, the mother of the corpus may approach the local S.H.O., who shall ensure immediate protection and necessary security measures for the safety of the corpus and his mother.ratio¶11
The Court held that, in view of the foregoing, the petition lacked merit and dismissed it.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 76), Habeas Corpus Writ Petition No. 376 of 2025 (neutral citation 2025:AHC:89708), Vinod Diwakar, J., order dated 26.5.2025: in compliance with the Court's order dated 15.05.2025, the minor corpus, Aditya Singh, was produced before the Court along with his mother, Shalini Tiwari, by escorting police personnel of P.S. Vithoor, District Kanpur Nagar. On interaction, the Court found the mother had been tortured, assaulted and threatened — to the extent she feared eye-to-eye contact with petitioner no. 2, who claimed himself to be her husband — that she resided separately with her son owing to extreme cruelty and severe assault at petitioner no. 2's hands, and that the petition's allegations were baseless. The Court directed forthwith release of the corpus, recorded petitioner no. 2's undertaking not to contact respondent nos. 4 to 7 by any physical or telephonic means (with recourse to the local S.H.O. for immediate protection on any breach), and dismissed the petition as lacking merit.

Neutral Citation No. - 2025:AHC:89708

Court No. - 76

Case :- HABEAS CORPUS WRIT PETITION No. - 376 of 2025

Petitioner :- Aditya Singh And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pradeep Kumar Chaurasia Counsel for Respondent :- G.A.

Hon'ble Vinod Diwakar,J.

Heard learned counsel for the petitioners and the learned Additional Government Advocate for the State and perused the record.

In compliance with the order dated 15.05.2025, the corpus, Aditya Singh (minor), along with his mother, Shalini Tiwari, has been produced before this Court by Sub-Inspector Ram Raj Yadav (PNO No. 192417365) and Lady Constable Kalpana Devi (PNO No. 112832461), both of Police Station Vithoor, District Kanpur Nagar.

Upon interacting with the mother of the corpus, it is observed that she has been tortured, assaulted and threatened to the extent that she was scared to have eye-to-eye contact with petitioner no. 2, who claimed himself to be the husband. She has categorically stated before the Court that she is residing separately along with her son due to acts of extreme cruelty and severe assault faced at the hands of petitioner no. 2. She has further submitted that the allegations made in the present petition are baseless and without any substance.

Based on the statement of the mother of corpus, Sub-Inspector Ram Raj Yadav (PNO No. 192417365), and Lady Constable

Kalpana Devi (PNO No. 112832461), Police Station Vithoor, District Kanpur Nagar, who escorted the corpus to the Court, is directed to release the corpus forthwith.

Petitioner no. 2 has undertaken before this Court that he shall not make any attempt to contact respondent nos. 4 to 7, by any means, whether physical or telephonic. In the event of any such attempt, the mother of the corpus shall be at liberty to approach the local S.H.O., who shall ensure immediate protection and necessary security measures for the safety of the corpus and his mother.

In view of the foregoing, the petition lacks merit and is accordingly dismissed .

Order Date :- 26.5.2025

Shafique

Vinod Diwakar, J.

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad