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2025 DAILYLAW 117141 (ALL)

MUSKAN THRU. HER HUSBAND RIHAN KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND 3 OTHERS

HABC/10/2025 · 2025-03-10

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14395 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 10 of 2025 Petitioner :- Muskan Thru. Her Husband Rihan Khan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Garima Singh Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Ashish Kumar Maurya, Advocate on behalf of respondent No. 4 is taken on record. 2. On 07.03.2025, following order was passed. "1. The instant petition has been filed by the petitioner seeking following relief:- "Issue a writ, order or direction in the nature of Habeas Corpus directing opposite parties to produce the detenue petitioner before this Hon'ble Court and set her at liberty at an earliest." 2. On 03.03.2025, following order was passed"- "1. On 16.01.2025, 27.01.2025 and 14.02.2025, following orders were passed:- Order dated 16.01.2025: "1. List on 27.01.2025. 2. In the meantime, learned counsel for the State shall obtain instructions in the matter." Order dated 27.01.2025: "Learned A.G.A is to seek instruction. List on 14.2.2025." Order dated 14.02.2025: "S.H.O. concerned is to ensure presence of the detenue- Muskan with her father. List on 03.03.2025. Learned counsel for the petitioner undertakes that the petitioner shall hand over a demand draft amounting to Rs. 20,000/- to the detenue- Muskan on the next date." 2. Neither the detenue as well as her father nor the Station House Officer concerned is present today. 3. List this case on 07.03.2025 at 11:30 A.M. 4. In case the order dated 14.02.2025 is not complied with by the Station House Officer, Police Station- Nawabganj, District- Bahraich, Superintendent of Police, Bahraich shall appear in person before this Court on the next date of listing." 3. Ms. Sheela Yadav, Station House Officer, Police Station- Nawabganj, District- Bahraich is present today before this Court. 4. In morning at the time of mention, Sri Rao Narendra Singh, learned A.G.A. informs that as per telephonic instructions received from Station House Officer, Police Station- Mandi, District- Saharanpur, the detenue is recovered today in morning. He prays for some time to produce her before this Court. 5. List this case on 10.03.2025 at 11:30 A.M. 6. Senior Superintendent of Police, Saharanpur and Superintendent of Police, Bahraich are directed to ensure that the detenue be produced before this Court on the next date, failing which, they shall appear in person before this Court." 3. In pursuance of the aforesaid directions, detenue- Muskaan, Adhaar No. 316301796948 is present before this Court along with Sub-Inspector, Abdul Hakim and Lady Constable Arti Diwakar, P.S. Nawabganj, District Bahraich. The detenue categorically states that her nikaah was solemnized with the deponent- Rihan Khan and presently she is residing with her parents on her own choice. 4. In pursuance of the aforesaid order, a draft amounting to Rs.20,000./- drawn on Bandhan Bank dated 06.03.2025 in the name of Muskaan is placed before this Court. Original draft is handed over to the detenue-Muskaan and a photocopy of the same is taken on record. 5. As the detenue has categorically stated that she is residing with her parents on her own will, no case for habeas corpus is made out. 6. The petition, accordingly, stands dismissed. Order Date :- 10.3.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench