Babli Mishra Thru. Her Husband Ankit Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 269 of 2023 Petitioner :- Babli Mishra Thru. Her Husband Ankit Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Petitioner :- Ram Chandra Dwivedi Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J.

¶1The petition seeks issuance of a writ in the nature of Habeas Corpus commanding the opposite parties, particularly respondent No.2 to produce the detenue in Court and give her in the custody of the deponent.

¶2Heard learned counsel for the petitioner and learned Additional Government Advocate as also perused the record.

3.Notice to respondent No.2 is dispensed with in view of the proposed order.

¶4Learned A.G.A. on the basis of written instructions which are taken on record and the statement of the detenue under section 161 CrPC has stated that the detenue on her own accord and free will is residing with her parents. She has not been illegally detained. The statement has been given by the detenue without any pressure or coercion. In view of the statement given by the detenue, it is evident that it is not an illegal detention.

5.The petition, thus, fails and is dismissed. Order Date :- 6.11.2023 kkb/ High Court of Judicature at Allahabad, Lucknow Bench