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2025 DAILYLAW 12254 (ALL)

LAXMI PATEL (CORPUS/MINOR) AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

HABC/62/2025 · 2025-04-29

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68083 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 62 of 2025 Petitioner :- Laxmi Patel (Corpus/Minor) And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Uma Shankar Tiwari Counsel for Respondent :- G.A.,Puneet Kumar Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 2. In compliance of the order dated 05.03.2025, the corpus, Laxmi Patel along with her husband have been produced before this Court by Sub Inspector Jyoti Prakash Chaubey (PNO No. 842762837) and Constable Bharti Singh (PNO NO.192384344), Police Station Mungra Badshahpur, District Jaunpur. 3. Upon examination by the Court, the corpus, Laxmi Patel, has stated that she is a major and has married with respondent no.4 as per Hindu rites and customs and desires to leave with her husband. She further affirmed that she has neither been detained nor kept in illegal custody by respondent no. 4, her husband. She has also stated that the allegations made in the present petition are unfounded. 4. On perusal of records, it is revealed that this is a third round of litigation; firstly, the father of corpus lodged FIR under Section 363, 366 and 120-B of I.P.C., Police Station Mungra Badshahpur, thereafter, the statement of corpus has been recorded under Section 164 Cr.P.C.. In a second round of litigation, the Division Bench of this Court vide order dated 19.02.2024, examined the grievances of corpus, subsequently, after court's intervention, the corpus's custody was handed over to opposite party no.4, her husband. The corpus has also remained in the Child Welfare Home Girls, Ballia for seven months. 5. In light of her voluntary statement of corpus Laxmi Patel, Sub Inspector Jyoti Prakash Chaubey (PNO No. 842762837) and Constable Bharti Singh (PNO NO.192384344), Police Station Mungra Badshahpur, District Jaunpur. , who escorted the corpus to the Court, is directed to release her forthwith to go with her husband, respondent no. 4. 6. In view of the above, the petition is found to be devoid of merit and is, accordingly, dismissed. Order Date :- 30.4.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad