Smt Rajnandani and Another Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Smt Rajnandani and Another Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as infructuous following the parties' compromise of 22.01.2025 and the corpus's confirmation that she is living with her husband (petitioner no.2); police protection ordered for the couple's safe journey from Prayagraj to Ballia (one male Sub Inspector and one lady constable, via the Commissioner of Police, Commissionerate Prayagraj), conditional on petitioner no.2 depositing Rs.10,000/- with the Registrar General by 04 p.m. the same day, failing which no security would be provided; Registrar (Compliance) directed to serve the order upon the Commissioner of Police, Commissionerate Prayagraj the same day by 06 p.m.

Issue for consideration

Whether the habeas corpus petition, founded on the specific allegation that respondent nos.3 to 6 were illegally detaining the corpus, remained live in view of the compromise reduced in writing on 22.01.2025 and the corpus's statement that she is presently living with her husband (petitioner no.2). +1 more

Court's answer

In view of the compromise between the parties reduced in writing on 22.01.2025 (sanctified by the joint appearance of petitioner nos.1 and 2) and the corpus's statement that she is presently living with her husband (petitioner no.2), the habeas corpus petition has rendered infructuous.

Ratio / Principle

Considering the prayer and the safety of the corpus, the Commissioner of Police, Commissionerate Prayagraj was directed to provide protection to the couple for their safe journey from Prayagraj to their destination, Ballia, by deputing one male Sub Inspector and a lady constable.

Key takeaways

The police protection was made conditional: petitioner no.2 was directed to deposit Rs.10,000/- before the Registrar General of the High Court the same day by 04 p.m., to be extended in favour of the Commissioner of Police, Commissionerate Prayagraj, failing which no security would be provided to the couple.ratio¶¶11

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 79), Habeas Corpus Writ Petition No. 54 of 2025, filed by Smt Rajnandani (petitioner no.1, the corpus) and another (petitioner no.2, her husband), alleging illegal detention of the corpus by respondent nos.3 to 6. Before any adjudication of the detention allegation, the parties effected a compromise reduced to writing on 22.01.2025, filed through supplementary affidavit and sanctified by the joint personal appearance of petitioner nos.1 and 2 before the Court; on being queried, the corpus confirmed she was presently living with her husband (petitioner no.2). Holding the petition thereby rendered infructuous, the Court nevertheless — on counsel's submission that respondent nos.4 (a political leader/activist) and 6 (a police official) were continuously threatening the corpus — disposed of the petition with protective directions: the Commissioner of Police, Commissionerate Prayagraj to provide the couple protection for their safe journey from Prayagraj to Ballia by deputing one male Sub Inspector and a lady constable; petitioner no.2 to deposit Rs.10,000/- before the Registrar General by 04 p.m. the same day, failing which no security would be provided; and Registrar (Compliance) to serve the order on the Commissioner of Police by 06 p.m. the same day. Single judge: Hon'ble Saurabh Srivastava, J. Order dated 11.02.2025; Neutral Citation 2025:AHC:19899.

Neutral Citation No. - 2025:AHC:19899

Court No. - 79

Case :- HABEAS CORPUS WRIT PETITION No. - 54 of 2025

Petitioner :- Smt Rajnandani And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Divyanshu Chaudhary Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Srivastava,J.

Heard Sri Divyanshu Chaudhary, learned counsel for petitioners and learned AGA.

Although the instant petition has been preferred with specific allegation against respondent nos.3 to 6 for carrying illegal detention over the corpus and immediately after filing the instant petition, certain compromise has been taken place between the parties which has been reduced in writing on dated 22.01.2025, a copy of the same has been preferred by way of supplementary affidavit which stands sanctified in shape of personal appearance of petitioner nos.1 and 2 jointly before this Court.

On being queried, corpus stated that presently she is living with her husband i.e. petitioner no.2.

In view of the aforementioned fact and circumstances, this petition has rendered infructuous but at the same time, learned counsel for petitioners submitted that in spite of entering into the said compromise, respondent nos.4 and 6 being political leader/activist and police official respectively, are continuously threatening the corpus and as such, it is specifically prayed by learned counsel for petitioners that certain police protection may be extended in favour of corpus.

Considering the prayer as well as safety of corpus, Commissioner of Police, Commissionerate Prayagraj is hereby directed to provide protection to the couple for their safe journey from Prayagraj to their destination i.e. Ballia by way of deputing one male Sub Inspector and a lady constable.

Petitioner no.2 is hereby directed to deposit Rs.10,000/- before the Registrar General of this High Court today by 04 p.m. which shall be extended in favour of Commissioner of Police,

Commissionerate Prayagraj, failing which, no security will be provided to the couple.

Registrar (Compliance) is hereby directed to serve this order upon Commissioner of Police, Commissionerate Prayagraj today by 06 p.m. for compliance of the direction as made above.

In view thereof, this petition stands disposed of .

Order Date :- 11.2.2025 Vivek Kr.

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad