LAXMI CHOURASIYA THRU. HER HUSBAND BINDESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
HABC/23/2025 · 2025-02-20
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119069 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119069 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11209 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 23 of 2025 Petitioner :- Laxmi Chourasiya Thru. Her Husband Bindesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Vineet Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The instant writ petition has been filed by the petitioner seeking following reliefs:-
"Issue a writ, order or direction in the nature of Habeas Corpus commanding and directing the opposite parties to produce the detenue- Laxmi Chourasiya before this Hon'ble Court and allowed to remain in the company of petitioner i.e. Husband."
3. Learned counsel for the petitioner submits that wife of the deponent was enticed away by private respondent. Thereafter, as she was detained illegally, the present petition is filed. He further submits that on 30.01.2025, a direction was issued by this Court to Station House Officer, Police Station- Harchandpur, District- Raebareli to ensure the presence of detenue before this Court, but Station House Officer has not comply the direction, therefore, appropriate order may be passed in this case. 4. In pursuance of earlier order dated 30.01.2025, Mr. Ajay Kumar Mishra, Sub Inspector, Harchandur, Raebareli is present today before this Court. Mr. Ajay has placed written instruction dated 19.02.2025 with the averment that private respondent and the victim are not traceable. This officer has visited the house of private respondent several times. He says that as per the information gathered by him, it is found that detenue and private respondent were in relations and the detenue has joined the company of the private respondent. 5. The aforesaid written instructions are taken on record. 6. Considering the contents of the aforesaid written instructions, it is evident that as per the allegation made by the deponent, his wife was enticed away by the private respondent, thereafter, she was confined. As the police officer has already made efforts to trace the detenue, but she was not found at the house of the private respondent. 7. In view of above, this petition is misconceived and the same is dismissed with liberty to the petitioner to file complaint before the police against illegal detention of his wife done by the private respondent. 8. The presence of aforesaid officer is hereby exempted.
Order Date :- 20.2.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench