SHABNAM THRU. HER FATHER AND NEXT FRIEND MUSHIR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 4 OTHERS
HABC/43/2025 · 2025-02-24
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121960 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121960 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 43 of 2025 Petitioner :- Shabnam Thru. Her Father And Next Friend Mushir Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others Counsel for Petitioner :- Abrar Ali Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Heard. 2. The present writ of habeas corpus is filed with the following prayer :- issue a writ, order or direction in the nature of habeas corpus directing the opp. parties concerned to produce the detenue/petitioner before this Hon'ble Court after getting released her from the illegal detention of the opp. party no.4 and after taking her statement she may be allowed to live with her father as per her will and wish in the interest of justice. 3. On 6.2.2025, following order was passed :-
1. Heard. 2. It is submitted that the detenue, who is daughter of the deponent of the present petition, has been abducted by the opposite party no. 4. The prayer of the present petition is to the extent that the detenue may be summoned before this Court for recording of her will/statement, as her marriage had already been solemnized with one Nawab on 18.8.2024 as pr Muslim custom but on 23.1.2025 the opposite party no. 4 had enticed away his daughter against her will regarding which an F.I.R. was lodged on 25.1.2.2025. 3. Let the S.H.O., Police Station- Thakurganj, District- Lucknow produce deteune-Shabnam on 24.2.2025. 4. List this case on 24.2.2025. 4. In pursuance of aforesaid order, the detenue Shabnam @ Khusboo d/o Mushir Ahmad (Adhaar No.709401622983) is produced before this Court by Ms. Neha Verma, Sub Inspector, Police Station Thakurganj, District Lucknow. 5. The detenue categorically stated before this Court that her Nikah was solemnized with Nawab Ali S/o Mohd. Haneef r/o Village Antamau, Police Station - Sandila, District Hardoi on 18.8.2024, thereafter, she joined the company of Salman s/o Naushad r/o Balaganj, Lucknow and entered into 'Nikah' with him on her choice. 6. Written instructions duly signed by Mr. Tej
Kumar Shukla, Sub Inspector, P.S. Kotwali Dubagga, Lucknow dated 24.2.2025 is also placed before this Court, in which, it is mentioned that detenue is presently residing with Salman s/o Naushad r/o Balaganj, Lucknow after Nikah with him, on her choice. 7. Considering the statement of detenue and written instructions placed by Mr.
Tej Kumar Shukla, Sub Inspector, P.S. Kotwali Dubagga, Lucknow, it is evident that detenue is residing with Salman s/o Naushad r/o Balaganj, Lucknow on her own will, therefore, present petition is misconceived and is accordingly, dismissed and detenue is free to join the company of any person on her choice. Order Date :- 24.2.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench