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2025 DAILYLAW 125321 (ALL)

JAHAN AFROZ THRU. HER DAUGHTER SHAZLI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 6 OTHERS

HABC/60/2025 · 2025-02-28

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12123 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 60 of 2025 Petitioner :- Jahan Afroz Thru. Her Daughter Shazli Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Petitioner :- Prashansa Singh Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Adarsh Srivastava, Advocate on behalf of respondent nos.4, 6 and 7 (private respondents) is taken on record. 2. Written instruction dated 24.02.2025 duly signed by Shri Atul Tiwari, S.I., Kotwali Dehat, Pratapgarh placed by learned AGA is taken on record. 3. Heard learned counsel for the petitioner, learned counsel for private respondents as well as learned AGA for the State and perused the record. 4. The present petition has been filed with the following main prayer: "issue a writ, order or direction in the nature of Habeas corpus directing and commanding the opposite party no.2 and 3 to produce the detenue/ petitioner before this Hon'ble Court and after recording her statement, she may be set free at her liberty, otherwise the petitioner/detenue shall suffer irreparable losses, inconveniences and harassment." 5. Learned counsel for the petitioner submits that the detenue is the mother of deponent as well as private respondents and deponent is the married daughter of the detenue. He further submits that the detenue is ill and private respondents are not taking care of her and proper treatment is also not being given to her and whenever the deponent tries to visit the detenue, she is refused to visit her mother. Therefore, kind indulgence of this Court is necessary. 6. Learned counsel for the private respondents has categorically stated that husband of the detenue superannuated from the post of district judge and after his death, detenue has been taken care of by private respondents. He has also informed that the detenue is having seven daughters and two sons, out of which, her three daughters are divorcee and they are residing with the detenue and taking good care of her. He has also informed that a small amount from the pension of detenue is being transferred in the account of deponent and there is dispute related to the pension of the detenue, therefore, present petition has been filed which is not maintainable. 7. Learned AGA, on the basis of written instruction, submits that the detenue is aged about 84 years and she is unable to move and she is being property taken care of by the private respondents and the area corporator has also given a certificate that the detenue is not being ill-treated by the private respondents. Therefore, present petition is liable to the dismissed. 8. Considering the submissions of learned counsel for the parties, going through the contents of petition, written instruction, certificate of are corporator as well as other relevant documents, I am of the view that no interference of this Court is made out in the present case. 9. Accordingly, the present petition is hereby dismissed. Order Date :- 28.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench