Nankana @ Smt. Mithilesh Vishwakarma Thru. Her Husband Pawan Kumar v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 324 of 2023 Petitioner :- Nankana @ Smt. Mithilesh Vishwakarma Thru. Her Husband Pawan Kumar Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Suresh Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.

¶2This Court vide order dated 18.10.2023 has passed the following order:- "Heard learned counsel for the petitioner and learned A.G.A. Learned A.G.A. has accepted notice on behalf of respondent Nos. 1 to 3. Issue notice to respondent no.4 for filing counter affidavit, if any, within a period of four weeks and producing the corpus (Nankana @ Smt. Mithilesh Vishwakarm) before this Court on

04.12.2023. Steps be taken within one week. List this case on 04.12.2023. Petitioner shall deposit a sum of Rs. 20,000/- with the Senior Registrar of this Court within one week after which notice shall be issued to respondent No.4 and the amount so deposited shall be payable to the corpus (Nankana @ Smt. Mithilesh Vishwakarm) on her appearance before this Court."

¶3Although the sum of Rs.20,000/-, as directed by the court vide its earlier order dated 18.10.2023, has not been deposited by the petitioner however, the detenue is present before the court.

¶4Upon a query being put to the detenue, she is submitted that she was physically abused by the hands of the deponent who is her husband and therefore, she is residing with her brother as her father Ram Murat-respondent No.4 has already passed away. She has further stated that she is residing out of her own accord and free will and has not been illegally detained.

¶5In view of the statement given by the detenue, the writ of habeas corpus fails and is accordingly dismissed.

¶6This Court has taken note of the fact that earlier the petitioner was directed to deposit a sum of Rs.20,000/- with the Senior Registrar of this Court but the same has not been deposited therefore, now the same shall be recovered as an arrears of land revenue from the deponent-Pawan Kumar by the District Magistrate, Gonda within a period of three months from today and shall be paid to the detenue-Nankana @ Smt. Mithilesh Vishwakarma.

¶7After the payment is made to the detenue, the report shall be submitted by the District Magistrate, Gonda to the Senior Registrar of this Court. Order Date :- 7.12.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench