Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 125386 (ALL)

SMT. KIRAN THRU. HER HUSBAND SHIV KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

HABC/62/2025 · 2025-02-28

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:12054 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 62 of 2025 Petitioner :- Smt. Kiran Thru. Her Husband Shiv Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Shyam Narayan,Manas Gaurav Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Written instruction dated 24.02.2025 duly signed by Shri Mirza Waheed Beg, Sub-Inspector, Colonelganj, Gonda placed by learned AGA is taken on record. 2. Heard learned counsel for the petitioner as well as learned AGA for the State and perused the record. 3. 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 parties concerned to produce the detenue/ petitioner before this Hon'ble Court after getting released her from the illegal detention of the opp. party no. 4 and after taking her statement she may be allowed to live and reside with her husband and her children who are with her husband in the interest of justice." 4. Learned counsel for the petitioner submits that the detenue is a legally wedded wife of deponent and from their wedlock, they are having two children. He further submits that the detenue left the house of deponent on the enticement of the private respondent, as a result, one FIR bearing No.275 of 2022 under Sections 498A, 506 IPC, PS- Gomti Nagar, District- Lucknow was lodged by the deponent. In which, after investigation, final report was submitted by the Investigating Officer. He also submits that in the month of December, 2024, detenue informed via telephone that she has been kept in confinement by the private respondent and she is willing to return to the deponent. Therefore, kind indulgence of this Court is necessary. 5. Shri S.P. Tiwari, learned AGA, on the basis of written instruction, submits that in para-5 of the instruction, it is categorically mentioned that detenue is residing with the private respondent willingly and she is enjoying her life. Therefore, present petition is liable to the dismissed. 6. Considering the submissions of learned counsel for the parties, going through the contents of petition, written instruction as well as other relevant documents, it is evident that the detenue is residing with the private respondent willingly, therefore, at this stage, no interference of this Court is made out. 7. 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 Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench