Lakshmi Thru. His Husband Mohan Lal and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 223 of 2024 Petitioner :- Lakshmi Thru. His Husband Mohan Lal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Petitioner :- Bhoopal Singh,Abhishek Pratap Singh,Surya Vijay Singh Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Bhoopal Singh, learned counsel for the petitioner, Sri Ashok Kumar Singh, learned A.G.A.-I for the State as well as perused the record. The instant writ petition has been filed seeking following main relief:- "(I) Issue a writ order or direction in the nature of Habeas Corpus thereby directing the opposite party no.6 & 7 to appear alongwith detenue petitioners in this Hon'ble Court and also entrust to the detenue in the custody of the deponent in the interest of justice." Learned counsel for the petitioner submits that the detenue is under illegal custody of the respondent nos.6 & 7 as they have kidnapped the detenue. He further submits that in this regard, the petitioner has moved an application dated 16.07.2024 before the Station House Officer, Police Station Chinhat, District Lucknow as well as he has also moved an application before the Commissioner of Police, Lucknow on 26.07.2024, however, till date no action has been taken either for lodging of first information report or for recovery of the detenue. On the other hand, learned A.G.A.-I for the State submits that since the petitioner has already moved the application before the authorities concerned, therefore, he may pursue the same otherwise he has a remedy to move an application under Section 175(3) Bharatiya Nagarik Suraksha Sanhita, 2023 for lodging of the first information report. Thus, the relief sought in this writ petition cannot be granted. After considering the arguments as advanced by learned counsel for the parties as well as after perusal of record, this Court is of the view that since the petitioner has already moved the application before the authorities concerned, however, till date no action has been taken, thus, he has a remedy to move an application under Section 175(3) Bharatiya Nagarik Suraksha Sanhita, 2023 for lodging of the first information report or he may avail any other remedy as per law for redressal of his grievance. With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 30.7.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench