Asha Devi Thru. Her Husband Raj Kumar v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and 4 Others

Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 156 of 2022 Petitioner :- Asha Devi Thru. Her Husband Raj Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And 4 Others Counsel for Petitioner :- Ajay Bahadur Yadav Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J.

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

¶2The present Habeas Corpus petition has been filed with the prayer to direct the respondent no.4 and 5 to release the detenue and set her free according to her wish and will. It has been also prayed to direct the respondent no.4 to produce the petitioner/detenue before this Court.

¶3Learned A.G.A. for the respondents, on the basis of instructions received, which is taken on record, has submitted that written application has been given by the detenue Asha Devi to the Station OfÏcer Bachrawan, Raebareli to the effect that she was married to the deponent of this petition, The

marriage

was,

however consummated as the marriage was done by concealing the disease of epilepsy of her husband/the deponent of this petition, therefore, due to this reason she is not residing with him. She has not been illegally detained by respondent nos.4 and 5.

¶4Learned counsel for the petitioner though has disputed the written instructions provided by learned A.G.A..

¶5Written instructions provided by learned A.G.A. makes it clear that it is not the case of illegal detention, hence, the Habeas Corpus petition fails and is accordingly dismissed. Order Date :- 3.11.2023 Madhu High Court of Judicature at Allahabad, Lucknow Bench