Sudha Sahay Thru. Her Father Ram Ji Sahay vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

Sudha Sahay Thru. Her Father Ram Ji Sahay vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without any direction for release of the detenue; the deponent (father of the detenue) undertook to hand over all her testimonials to her within ten days.

Issue for consideration

Whether the detenue/petitioner is in the illegal custody of opposite party no.4 and is entitled to release by a writ of Habeas Corpus. +1 more

Court's answer

The detenue, produced before the Court in person, categorically stated that she is residing with the private respondent after solemnising marriage and is enjoying her matrimonial life with him.

Ratio / Principle

On the material recorded at the hearing (including the detenue's in-person statement), the habeas corpus petition was disposed of on 25.02.2026; no direction for release was issued.

Key takeaways

The deponent (father of the detenue) undertook before the Court that all the detenue's testimonials would be handed over to her within ten days.ratio¶25

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Lucknow Bench), Habeas Corpus Writ Petition No. 58 of 2026 (Rajeev Singh, J.; decided February 25, 2026). Sudha Sahay, through her father Ram Ji Sahay, sought a writ of Habeas Corpus directing release of the detenue from the alleged illegal and arbitrary custody of opposite party no.4 (private respondent). By an interim order dated 18.02.2026 the Court took on record written instructions of S.I. Arvind Singh Yadav, P.S. Madiyaon, Lucknow, and directed the S.H.O. to produce respondent no.4 alongwith the detenue. On 25.02.2026 the detenue was produced with S.I. Arvind Singh Yadav and Lady Constable Ms. Ankita Rai; respondent no.4 could not appear as he was sitting the Chemistry paper of the ongoing U.P. Board Class 12th Examination. Produced in person, the detenue categorically stated that she had solemnised marriage with the private respondent, was residing with him and enjoying her matrimonial life, though her original testimonials and Aadhar Card were being withheld by her father. The deponent undertook to hand over all testimonials within ten days, and the petition was accordingly disposed of. No statute or precedent was cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

HABEAS CORPUS WRIT PETITION No. - 58 of 2026

Sudha Sahay Thru. Her Father Ram Ji Sahay

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Arjun Singh Kalhans, Saurabh Singh, Yogesh Gupta Counsel for Respondent(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

On 18.02.2026, the following order was passed :

"1. Heard learned counsel for the petitioner and learned A.G.A. for the State.

2. The present petition is filed with the prayer to issue a writ, order or direction in the nature of Habeas Corpus commanding thereby directing the opposite party no.1 to 3 to release the detenue/petitioner forthwith, who is detained under the illegal custody of opposite party no.4 by an illegal and arbitrary manner and to set her free at her liberty.

3. Learned counsel for the petitioner submits that detenue is in confinement of the respondent no.4, therefore, indulgence of this Court is necessary.

4. Learned A.G.A. placed written instructions duly signed by Mr. Arvind Singh Yadav, S.I., Police Station Madiyaon, Lucknow, same is taken on record.

5. List this case on 25.2.2026.

6. The S.H.O., Police Station Madiyaon, Lucknow is directed to ensure the presence of respondent no.4 alongwith the detenue before this Court. "

In pursuance of aforesaid order, the victim is present along with Sub Inspector, Shri Arvind Singh Yadav, and Lady Constable Ms. Ankita Rai, Police Station Madiyaon, District Lucknow..

The aforesaid Officers inform that U.P. Board Examination of Class 12th is going on and respondent No.4 is also appearing in the said examination and today he is busy in the examination of

HABC No. 58 of 2026

2

Chemistry Paper, therefore, he could not appear.

The detenue present before this Court informs that she is pursuing her B.A. and presently, she has completed her First Year Examination having Aadhar Card No..is 922768819874. The photocopy of the same is placed before this Court. She also informs that all the original testimonials as well as Aadhar Card are lying with the deponent of the present case, father of the detenue, the same are not being provided to her.

The detenue categorically also informs that she is residing with the private respondent after solemnising marriage and she is enjoying her matrimonial life with him.

The deponent undertakes that all her testimonials will be handed over to her within ten days.

The petition is accordingly, disposed of.

February 25, 2026

Pks

(Rajeev Singh,J.)

Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench