Dismissed¶¶16

Sana Bano and Another v. State of U.P. and 5 Others

Allahabad HC19 May 2025HABC/397/2025

Case brief

AI extract

What is this about?

Allahabad High Court habeas corpus dismissed as not maintainable; missing report dated 19.02.2025 registered at P.S. Bhadohi, District Bhadohi by mother Rubi Begum for corpus Sana Bano; alleged detention by respondent nos. 4 to 6; reference to earlier protection order dated 28.04.2025 in Writ-C No. 5638 of 2025 (live-in relationship); Apex Court precedent Mohsin Ali and others vs. State of Uttar Pradesh, W.P.(Crl.) No. 260 of 1987 followed; liberty reserved to petitioners to pursue legal recourse; Single Bench of Nand Prabha Shukla, J.; order dated 19.5.2025; Neutral Citation 2025:AHC:82968.

What did the court decide?

None; petitioners left free to take legal recourse. ¶¶16

Sana Bano and Another vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:82968

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Court No. - 81

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Case :- HABEAS CORPUS WRIT PETITION No. - 397 of 2025

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Petitioner :- Sana Bano And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rama Shankar Yadav,Shravan Kumar Yadav

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Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the petitioners, learned AGA for the State and perused the record.

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The present Habeas Corpus Writ Petition has been filed to issue a writ order or direction in the nature of Habeas Corpus directing the respondents to produce the corpus/detenue/petitioner no.1 (Sana Bano) before this Court and she be handed over in favour of the petitioner No.2 who is illegally detained by respondent nos. 4 to 6.

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It has been submitted by learned counsel for the petitioner no. 2 that the petitioner no. 1 Sana Bano (corpus) is her daughter and has been illegally detained by respondent nos.4 to 6. Learned counsel for the petitioners has also referred the order dated 28.04.2025 passed by this Court in Writ -C No.5638 of 2025 (Sana Bano and another vs. State of U.P. and 3 others), wherein protection was given to the petitioner nos. 1 and respondent no. 4 as they are having in live-in-relation. Accordingly, there is no reason to interfere in the instant matter.

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As per the instructions received by learned A.G.A., a missing report dated 19.02.2025 has already been registered by the petitioner no.2 Rubi Begum (mother of the corpus) at Police Station Bhadohi, District Bhadohi and therefore, there is no illegal detention of the corpus.

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The Hon'ble Apex Court in Mohsin Ali and others vs. State of Uttar Pradesh in Writ Petition (Crl.) No. 260 of 1987 dated 12.10.1987 had refused to interfere in a Habeas Corpus Petition at that stage as the missing report was lodged and the police was making efforts to trace the girl.

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Considering the aforesaid facts and circumstances as well as in the

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light of the decision of Hon'ble the Apex Court as quoted above, there is no ground to interfere in the matter.

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As the missing report has already been registered, the present Habeas Corpus Writ Petition is not maintainable and is, accordingly, dismissed.

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However, the petitioners are free to take a legal recourse.

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In view of the above, the instant Habeas Corpus does not lie and is accordingly dismissed .

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Order Date :- 19.5.2025 Monika