SAMEER RAZA ALIAS MOHIT KUMAR THRU. HIS WIFE SMT. RUKAIYA BEGUM v. STATE OF U.P. THRU. SECY. HOME LKO. AND 9 OTHERS
HABC/65/2025 · 2025-02-28
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125646 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125646 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12193 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 65 of 2025 Petitioner :- Sameer Raza Alias Mohit Kumar Thru. His Wife Smt. Rukaiya Begum Respondent :- State Of U.P. Thru. Secy. Home Lko. And 9 Others Counsel for Petitioner :- Mohammad Aziz Mansuri,Mohd Siraj Counsel for Respondent :- G.A.,Shobhit Kant Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the petitioner, learned counsel for the private respondent, learned AGA for the State-respondents and perused the record.
2. This writ petition has been filed with a prayer to issue a writ,
order or direction in the nature of Habeas Corpus commanding the opposite party nos. 3, 6, 7, 8, 9 and 10 to produce the petitioner/detenue before this court.
3. In pursuance of the earlier order of this Court, petitioner/detenue as well as respondent nos. 7 and 9 are present before this Court.
4. Learned counsel for the petitioner submits that deponent was allured by the detenue and thereafter he adopted Islam by giving his name himself as Sameer Raza and signed marriage agreement on 19.2.2024. Learned counsel further submits that prior to the conversion, his name was Mohit Kumar S/o Pappu Jaiswal resident of Marsanda, Sitapur and his Adhar Card number is 952183698358 and after signing the marriage agreement dated 19.2.2024, he applied for changing of his name in the Adhar Card which was allowed and thereafter the detenue joined the association of his family members/private respondent and he was kept in detention, therefore, kind indulgence of this Court is necessary.
5. As the detenu is present before this Court and he stated that he was not in detention and he was living with private respondents on his own. He does not dispute this fact that the marriage agreement dated 19.2.2024 was signed by him and the name was also changed in the Adhar Card.
6. Considering the submission of learned counsel for the parties, going through the record of the petition as well as other relevant documents and statement of detenue as he is not in detention, therefore, no interference is required.
7. Accordingly, the present writ petition is hereby dismissed or it is open for the deponent to take appropriate remedy in accordance with law.
Order Date :- 28.2.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench