Deepa Yadav @ Sumaiya Thru. Her Friend Mohd. Soyab Ahmad v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 312 of 2023 Petitioner :- Deepa Yadav @ Sumaiya Thru. Her Friend Mohd. Soyab Ahmad Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Petitioner :- Sandip Kumar Yadav,Ram Chandra Dwivedi Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Learned A.G.A. on the basis of the instructions received from the concerned police station has submitted that the detenue is residing on her own accord and free will with her mother in her parental home without any pressure. It has been further submitted that the detenue has already lodged an F.I.R. bearing No. 116/2023, under Sections 498/323/504/506 IPC and Section 3/4 of D.P. Act, P.S. Patranga, District Ayodhya. Learned counsel for the petitioner submits that he will seek appropriate remedy available under common law by filing an application for restitution of conjugal rights. On due consideration to the instructions provided by the learned A.G.A., it is clear that it is not a case of illegal detention. Writ of habeas corpus fails and is accordingly dismissed. Instructions provided by the learned A.G.A. is taken on record. Order Date :- 11.10.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench