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2025 DAILYLAW 118001 (ALL)

SURTA DEVI THRU. NEPHEW SUBHASH MISHRA v. SENIOR SUPERINTENDENT OF POLICE AYODHYA AND 2 OTHERS

HABC/13/2025 · 2025-01-20

Rajeev Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:3212 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 13 of 2025 Petitioner :- Surta Devi Thru. Nephew Subhash Mishra Respondent :- Senior Superintendent Of Police Ayodhya And 2 Others Counsel for Petitioner :- Pramod Kumar Pandey,Prashant Sharma,Sanjay Kumar Verma Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Written instructions dated 18.01.2025 placed before this Court by Sri Rajesh Kumar Singh, learned A.G.A. are taken on record. 2. Heard. 3. The instant writ petition has been filed with following prayer:- "(i) To issue a writ, order or direction in the nature of habeas corpus to opposite parties No. 1 to 3 to produce the detune Surta Devi before this Hon'ble Court. (ii) It is further prayed to this Hon'ble Court that provide the custody of detune to the petitioner being her nephew. (iii) Issue any other writ petition or direction which this Hon'ble Court may deem just and proper under the circumstances of the case. (iv) Allow this writ petition with costs." 4. Learned counsel for the petitioner submits that the deponent of the present case is the nephew of detenue who has been abducted and has illegally been confined by respondent no.3, therefore, indulgence of this Court is required. 5. Sri Rajesh Kumar Singh, learned A.G.A. drew attention of this Court on Annexure No.3 (report of inquiry officer/sub inspector, Police Outpost Ranopali, Police Station- Kotwali Ayodhya, District- Ayodhya and submits that earlier detenue went with deponent of the present case, namely, Subhash Chandra Mishra s/o Narendra Kumar Mishra r/o Village- Khadbhadiya, Police Station- Inayatnagar, District- Ayodhya, therefore, one complaint was filed for her missing. In this regard, inquiry was conducted, in which, the police, on the basis of statement of alleged detenue, has reported that she joined the company of the deponent of the present case on 17.12.2024 on her own choice. He next submits that later on, the detenue came back to her house and then the complaint was dropped. Sri Rajesh, on the basis of aforesaid written instructions of Mr. Mithilesh Kumar Singh, Sub Inspector, Kotwali Ayodhya, informs that deponent of the present case is not a close relative of the detenue who is residing at her husband's house. 6. Considering the contents of aforesaid written instructions and going through the contents of Annexure No.3 as discussed above, it is evident that the said document clearly reveals that the detenue has not been detained by the private respondent. Therefore, the present petition is misconceived and the same stands dismissed. Order Date :- 20.1.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench