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2025 DAILYLAW 123637 (ALL)

ROSHNI TRIPATHI THRU. HER HUSBAND DIWAKER TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 7 OTHERS

HABC/49/2025 · 2025-03-07

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14077 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 49 of 2025 Petitioner :- Roshni Tripathi Thru. Her Husband Diwaker Trivedi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 7 Others Counsel for Petitioner :- O.P. Tiwari,Ashish Shukla Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. On 17.02.2025, following order was passed: "1. Heard learned counsel for the petitioner and learned AGA for the State. 2. The present petitioner has been filed with the following prayer: "(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite parties to produce the petitioners/detenue, before this Hon'ble Court forthwith, and release detenue/petitioner in the favour of deponent. (ii) Issue any other suitable order or direction which this Hon'ble Court may deem, fit, just and proper under the circumstances of the case in favour of the petitioners/detenue. (iii) Allow the writ petition of the petitioners/Detenue with costs." 3. Learned counsel for the petitioner has submitted that the marriage of detenue was solemnized with deponent of the present case, as she went to the house of her parents where she has been detained and is not allowed to meet her husband/deponent. 4. List this case on 07.03.2025. 5. On the next date, SHO, PS- Para, District- Kanpur Nagar is directed to ensure the presence of detenue before this Court and also place relevant instructions about the detention of the victim/detenue. 6. Deponent is also directed to deposit Rs.25,000/- before the Senior Registrar of this Court within a period of one week from today. " 2. In pursuance of aforesaid order, detenue, namely, Roshni Tripathi is present along with Sub-Inspector Ashish Kumar Singh and Sub-Inspector Anuj, P.S.- Shan Pashchim Para Commissionerate, District- Kanpur. Written instruction dated 03.03.2025 duly signed by Shri Shailendra Singh Raghav, Sub- Inspector has also been placed before this Court which is taken on record. 3. It has been stated by the detenue that her marriage was solemnized with the deponent on 21.04.2024. She was being ill- treated by her in-laws, as a result, she left the house of deponent and is currently residing with her parents. She also made complaint to the Authorities concerned and the inquiry is going on. 4. Considering the contents of the statement of detenue given today, I am of the view that no case of illegal detention is made out. 5. Accordingly, the present petition is hereby dismissed. 6. Senior Registrar of this Court is directed to transmit the amount of Rs.25,000/- to the detenue- Roshni Tripathi, C/o Shri D.S. Tripathi, R/o House No.521, Dwivedi Nagar, Naubasta Kanpur, Kasigawan, PS- Kasigaon , District- Kanpur Nagar, U.P., 208021, AADHAR No.811069146625, which was deposited by the deponent in pursuance of earlier order. Order Date :- 7.3.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench