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2025 DAILYLAW 122862 (ALL)

SNEHA MAURYA THRU. FATHER MANOJ KUMAR MAURYA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND 3 OTHERS

HABC/47/2025 · 2025-02-12

Subhash Chandra Sharma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8873 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 47 of 2025 Petitioner :- Sneha Maurya Thru. Father Manoj Kumar Maurya Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Petitioner :- Shobhit Singh,Prabhat Rathore,Vikas Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioner, learned A.G.A. and perused the record. The present petition has been filed by the petitioner with following relief: "(i) To issue a writ order or direction in the nature of Habeas Corpus directing the opposite parties to produce the detenue before this Hon'ble Court and set her free from clutches of the opposite party no. 4 forthwith. (ii) To issue a writ order or direction in the nature of Mandamus Commanding to the opposite party no. 4 for the safety and future of the detenue and issue direction in the welfare of the detenue and to allow her to stay free and be liable to be allowed to live with her natural guardian i.e. the father. (iii) To issue a writ order or direction in the nature of Mandamus Commanding to the opposite party no. 4 to handover the corpus (detenue) being the detenue to the next friend being the father of the detenue herein." It is submitted by learned counsel for the petitioner that the detenue Sneha Maurya is aged about 18 years and entered into marriage with respondent no. 4 Anurag Gautam in Arya Samaj Temple. The detenue and respondent no. 4 approached this Court and filed Criminal Misc. Writ Petition No. 225 of 2025 for seeking protection in which protection was provided to her vide order dated 13.01.2025 and she was directed to get her marriage registered. Now the petitioner being father of the detenue Sneha Maurya seeks visiting right to the detenue. Learned A.G.A. opposed the prayer as aforesaid and contended that the detenue is living happily with respondent no. 4. There was apprehension to the detenue with her parents (petitioner) that was the reason she made approach to this Court and protection was granted in her favour vide order dated 13.01.2025, therefore, she cannot be said to be detained illegally. On considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., perusal of record and the order passed by this Court vide order dated 13.01.2025 in Criminal Misc. Writ Petition No. 225 of 2025, this petition is liable to be dismissed as having no merit. Accordingly, the present petition is dismissed. Order Date :- 12.2.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench