Smt. Kiran Thru. Her Husband Aman Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 5 Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 220 of 2024 Petitioner :- Smt. Kiran Thru. Her Husband Aman Kumar Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 5 Others Counsel for Petitioner :- Nisha Srivastava Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Ms. Nisha Srivastava, learned counsel for the petitioner and Sri Ashok Kumar Singh, learned A.G.A.-I for the State. The instant writ petition has been filed seeking issuance of writ, order or direction in the nature of Habeas Corpus commanding and directing the opposite parties to produce the petitioner (detenue) before this Hon'ble High Court and she may be set at liberty under the care and custody of her husband. After some argument, learned counsel for the petitioner submits that she does not want to press this petition as the matter pertains to the State of Madhya Pradesh because as per information the police of Bhind, Madhya Pradesh had taken the corpus with them, thus, the cause of action lies before the jurisdiction of Madhya Pradesh. Thus, she submits that the instant writ petition be dismissed as not pressed with liberty to approach the appropriate forum in accordance with law. Learned A.G.A.-I for the State has no objection to the prayer made by learned counsel for the petitioner. Accordingly, the instant writ petition is dismissed as not pressed with liberty as prayed for. Office is directed to return all the certified copies of relevant documents to learned counsel for the petitioner after keeping photostat thereof on record. Order Date :- 29.7.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench