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2025 DAILYLAW 101706 (ALL)

ANJALI CHAUDHARY AND ANOTHER v. State of U.P. AND 3 OTHERS

WRIC/32863/2024 · 2025-03-04

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32006 Court No. - 76 Case :- WRIT - C No. - 32863 of 2024 Petitioner :- Anjali Chaudhary And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manvendra Kumar Yadav,Reenika Gupta Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. In compliance of the order dated 24.02.2025, the personal affidavit filed by Superintendent of Police, Maharajganj has been taken on record. 2. On perusal of the personal affidavit, it's revealed that the petitioner no.1-Anjali Chaudhary was aged about 14 years at the time when she was enticed away by the petitioner no.2-Imstyaz Ahmad and taken to Nepal. The petitioner no.1 stayed at Nepal at the house of Mausi of petitioner no.2 and subsequently recovered from Badhani Bazar, District Siddharth Nagar by the police, therefore, the petitioner no.1 was rescued and produced in the Court today in compliance of the order dated 24.02.2025. 3. After hearing the petitioner no.1 in person and her brother, namely, Sandeep Chaudhary, who was called on the last date of hearing, the Court deemed it appropriate to hand over the custody of petitioner no.1-Anjali Chaudhary to her brother, who shall keep the petitioner no.1-Anjali Chaudhary at his ordinary place of residence. The said arrangement has been made on the voluntary undertaking given by the brother of petitioner no.1-Anjali Chaudhary to the Court today. 4. So far as the merits of the present case is concerned, the instant writ petition has been filed by concealing the material facts and wrongly mentioning the age of petitioner no.1-Anjali Chaudhary as 19 years. Almost all the averments made in the writ petition are misconceived and merely raised to secure the protection from this Court. The petitioner no.2-Imtiyaz Ahmad is stated to have residing in Kuwait, therefore, the relief sought in the instant writ petition cannot be granted. 5. Considering the fact that the petitioner no.1-Anjali Chaudhary was minor at the time when she was enticed away, the writ petition is disposed of with direction that the custody of Petitioner no.1- Anjali Chaudhary is handed over to her brother Shri Sandeep Chaudhary. The police personnel, who brought and produced the petitioner no.1-Anjali Chaudhary are directed to ensure protection to petitioner no.1-Anjali Chaudhary and her brother Sandeep Chaudhary till they reached at their ancestral house and as and when required. 6. With the above observations/directions, the writ petition is disposed of. Order Date :- 5.3.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad