NEHA MAURYA THRU. HER BROTHER PRADEEP KUMAR MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 4 OTHERS
HABC/50/2025 · 2025-02-18
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124271 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124271 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10334 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 50 of 2025 Petitioner :- Neha Maurya Thru. Her Brother Pradeep Kumar Maurya Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others Counsel for Petitioner :- Alok Srivastava Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A.
2. The present petition is filed with the following prayer :- a. Issue a writ, order or direction in the nature of Habeas Corpus commanding the opposite parties particular opposite party nos.4 & 5, to produce the detenue/petitioner before this Hon'ble Court forthwith and set her free at her liberty. b. Issue a writ, order or direction in the nature of Habeas Corpus commanding the opposite parties particular opposite party nos.3 & 4, to get rescue the detenue/petitioner from the illegal detention of opposite party no.4 and 5 and produce the detenue/petitioner before this Hon'ble Court after get releasing her from the illegal custody of opposite party no.4 and 5. 3. Learned counsel for the petitioner submits that deponent solemnized marriage with daughter of the respondent no.5 in the year 2015, thereafter, respondent nos.4 & 5 were annoyed to the deponent. He further submits that detenue was enticed away by the private respondents and is not traceable, therefore, kind indulgence of this Court is necessary by issuing writ of habeas corpus for producing the detenue before this Court. 4. Learned A.G.A. vehemently oppose the prayer of the petitioner and submits that it is admitted case of the petitioner that detenue was enticed away by the private respondents. He further drew attention of the court on the complaint given by the wife of the deponent as well as deponent himself but nowhere date and time of incident is
mentioned in the complaint. He also submits that in case, F.I.R. of the petitioner was not lodged, then he is having appropriate remedy before the learned Magistrate under Section 175(3) of B.N.S.S.
5.
Considering the submissions of learned counsel for the parties, going through the contents of the petition as well as other enclosures, it is evident that this is a case of enticing away detenue by the private respondents but petitioner is having appropriate remedy, in such circumstances, no case for issuing writ of habeas corpus is made out, accordingly, present writ petition is dismissed. Order Date :- 18.2.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench