Anjali Chaudhary and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Anjali Chaudhary and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Custody of petitioner no.1-Anjali Chaudhary handed over to her brother Shri Sandeep Chaudhary (who shall keep her at his ordinary place of residence, on his voluntary undertaking); police personnel who brought and produced her directed to ensure protection to petitioner no.1 and her brother till they reached their ancestral house and as and when required; the relief sought in the writ petition was held incapable of grant.

Issue for consideration

Whether the relief sought in the writ petition could be granted, given that it was filed by concealing material facts and wrongly stating petitioner no.1's age as 19 years, and petitioner no.2 is stated to reside in Kuwait. +1 more

Court's answer

The instant writ petition was filed by concealing the material facts.

Ratio / Principle

The writ petition wrongly mentioned the age of petitioner no.1-Anjali Chaudhary as 19 years.

Key takeaways

Almost all the averments made in the writ petition were misconceived and raised merely to secure the protection of this Court.ratio¶11
The relief sought in the writ petition cannot be granted; petitioner no.2-Imtiyaz Ahmad is stated to be residing in Kuwait.ratio¶11
Petitioner no.1-Anjali Chaudhary was aged about 14 years, i.e. a minor, at the time when she was enticed away by petitioner no.2 and taken to Nepal.ratio

Detailed headnote1 paragraphs

Disposed of (WRIT - C No. 32863 of 2024, High Court of Judicature at Allahabad, Vinod Diwakar, J., order dated 5.3.2025): Petitioner no.1-Anjali Chaudhary, found to have been aged about 14 years — a minor — when she was enticed away by petitioner no.2 and taken to Nepal, was recovered/rescued by the police from Badhani Bazar, District Siddharth Nagar, and produced before the Court in compliance with its order dated 24.02.2025. Observing that the writ petition had been filed by concealing material facts and wrongly stating petitioner no.1's age as 19 years, that almost all its averments were misconceived and raised merely to secure the Court's protection, and that petitioner no.2 was stated to reside in Kuwait, the Court held that the relief sought could not be granted. Custody of petitioner no.1 was handed over to her brother, Shri Sandeep Chaudhary, to keep her at his ordinary place of residence on his voluntary undertaking, and the escorting police personnel were directed to ensure protection to petitioner no.1 and her brother until they reached their ancestral house and as and when required.

Neutral Citation No. - 2025:AHC:32006

Court No. - 76

Case :- WRIT - C No. - 32863 of 2024

Petitioner :- Anjali Chaudhary And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manvendra Kumar Yadav,Reenika Gupta

Counsel for Respondent :- C.S.C.

Hon'ble Vinod Diwakar,J.

In compliance of the order dated 24.02.2025, the personal affidavit filed by Superintendent of Police, Maharajganj has been taken on record.

On perusal of the personal affidavit, it's revealed that the petitioner no.1-Anjali Chaudhary was aged about 14 years at the time when she was enticed away by the petitioner no.2-Imstyaz Ahmad and taken to Nepal. The petitioner no.1 stayed at Nepal at the house of Mausi of petitioner no.2 and subsequently recovered from Badhani Bazar, District Siddharth Nagar by the police, therefore, the petitioner no.1 was rescued and produced in the Court today in compliance of the order dated 24.02.2025.

After hearing the petitioner no.1 in person and her brother, namely, Sandeep Chaudhary, who was called on the last date of hearing, the Court deemed it appropriate to hand over the custody of petitioner no.1-Anjali Chaudhary to her brother, who shall keep the petitioner no.1-Anjali Chaudhary at his ordinary place of residence. The said arrangement has been made on the voluntary undertaking given by the brother of petitioner no.1-Anjali Chaudhary to the Court today.

So far as the merits of the present case is concerned, the instant writ petition has been filed by concealing the material facts and

wrongly mentioning the age of petitioner no.1-Anjali Chaudhary as 19 years. Almost all the averments made in the writ petition are misconceived and merely raised to secure the protection from this Court. The petitioner no.2-Imtiyaz Ahmad is stated to have residing in Kuwait, therefore, the relief sought in the instant writ petition cannot be granted.

Considering the fact that the petitioner no.1-Anjali Chaudhary was minor at the time when she was enticed away, the writ petition is disposed of with direction that the custody of Petitioner no.1Anjali Chaudhary is handed over to her brother Shri Sandeep Chaudhary. The police personnel, who brought and produced the petitioner no.1-Anjali Chaudhary are directed to ensure protection to petitioner no.1-Anjali Chaudhary and her brother Sandeep Chaudhary till they reached at their ancestral house and as and when required.

With the above observations/directions, the writ petition is disposed of .

Order Date :- 5.3.2025 Prajapati

Justice Vinod Diwakar

Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad