ANEES JAHAN AND ANOTHER v. State of UP AND 5 OTHERS
HABC/976/2024 · 2025-02-23
Saurabh Srivastava
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 109779 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109779 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:26315 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 976 of 2024 Petitioner :- Anees Jahan And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Ram Awtar Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Pushpendra Vishwakarma, Advocate holding brief of Sri Keshari Nath Tripathi, learned counsel appearing for respondent nos.4 to 6.
2. The present petition has been preferred on behalf of petitioner no.2 with a prayer to issue a writ, order or direction in the nature of Habeas Corpus directing the respondents authorities to produce petitioner no.1 (corpus) before this Court and set her on liberty.
3. In compliance of earlier orders passed by this Court, medical examination report with regard to ascertaining the actual age of corpus has been submitted through Sub-Inspector Jitendra Kumar and the same is taken on record as well as the corpus/petitioner no.1, Anees Jahan has been produced before this Court.
4. As per the assessment of medical examination report, corpus is major as well as on specific query made before the corpus, she stated that she wants to stay with her husband/respondent no.4, and there is hardly any illegal detention carried out by respondent nos.4 to 6 of petitioner no.1/corpus. Other legal consequences and formalities has already been explained, but petitioner no.1/corpus reiterated her wishes to lead her life along with her husband/respondent no.4.
5. In view of the aforementioned facts and circumstances and the personal statement recorded by the petitioner no.1 being Anees Jahan (Corpus), D/o Mohammad Navi, R/o Gram Bhatpura, Taran, P.S. Kaimari, District Rampur, she is free to lead her life with her husband/respondent no.4.
6. The instant habeas corpus petition stands dismissed accordingly. Order Date :- 24.2.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad